COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall6 Philadelphia, Pennsylvania Thursday, March 31, 20117 9:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN12 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR.13 COUNCILMAN JAMES KENNEY COUNCILMAN BRIAN J. O'NEILL14 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN15 COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO16 RESOLUTION 110188 - Resolution confirming the appointment of Michael H. Reed as a member of18 the Board of Ethics, to serve in the term ending November 16, 2015.19 RESOLUTION 110189 - Resolution confirming the20 appointment of Judge Phyllis W. Beck as a member of the Board of Ethics, to serve in the21 term ending November 16, 2012. - - -23 2
Good2 morning, everyone. This is a public3 hearing of the Committee of the Whole.4 I would ask Mr. McPherson to5 please read the two resolutions that we6 will be considering this morning.7 MR. McPHERSON: Resolution8 110188, confirming the appointment of9 Michael H. Reed as a member of the Board10 of Ethics, to serve in the term ending11 November 16, 2015.12 Resolution No. 110189,13 confirming the appointment of Judge14 Phyllis W. Beck as a member of the Board15 of Ethics, to serve in the term ending16 November 16, 2012.17
May I18 ask the two nominees to please come to19 the witness table.20 (Witnesses approached witness21 table.)22 COUNCIL PRESIDENT VERNA:23 Welcome.24
Good2 morning.3 Judge, I'd like to say ladies4 first, so, Your Honor, would you identify5 yourself for the record and proceed with6 your testimony.7 JUDGE BECK: All right. My8 name is Judge Phyllis W. Beck, retired.9 Good morning, Council President10 Verna and members of City Council. I11 thank you for this opportunity to testify12 on the occasion of my nomination by Mayor13 Michael Nutter to the Ethics Board.14 I wish to serve on the Ethics15 Board because I believe it is the duty of16 every citizen to participate in the17 community to better the life of its18 citizens. The part of my family that19 live in this region share my belief. My20 daughter, Alice Beck Dubow, is a judge in21 the Philadelphia Common Pleas Court, and22 my son-in-law, Rob Dubow, is Finance23 Director of the City.24 My commitment to the City is25 3/31/11 - WHOLE - RES. 110188 & 1101891 both passionate and extensive. For 172 years, I served as a trustee of the Free3 Library and am now on the Foundation4 Board of the Free Library. I am5 President of the After School6 Partnership, which runs highly successful7 after-school activities, including a8 well-known chess tournament for the9 students of our public school. I am on10 the President of Temple University's11 Advisory Board, as well as the Law12 School's Board of Visitors. I am Chair13 of the Independence Foundation, which14 grants between $3 and $5 million annually15 to regional organizations. However,16 approximately 85 percent of that money17 comes to Philadelphia organizations,18 which support healthcare, legal services,19 health and human services and arts and20 culture. I was recently on the Board of21 Philadelphia Counts, an organization22 formed to make sure of the accuracy of23 the 2010 census in Philadelphia. This24 list is partial and reflects only some of25 3/31/11 - WHOLE - RES. 110188 & 1101891 my roles that I have played in my service2 to the City.3 I am a graduate of Temple Law4 School, night division. I practiced law5 for about ten years before beginning an6 academic career, first at Temple Law7 School and then as Vice Dean of the8 University of Pennsylvania Law School.9 However, most importantly, for10 years, I served as a judge on the11 Superior Court of Pennsylvania. I say12 with a little bit of pride that I was the13 first woman elected statewide to an14 appellate bench. I retired from the15 court in 2006 and now do mediation for my16 former court.17 Having served as a judge for 2518 years, I believe that my experience makes19 me well-equipped to serve as a member on20 the Board of Ethics. I believe that my21 integrity, objectivity, diligence and22 commitment make me a valuable member of23 that Board. If I am confirmed for a seat24 on the Ethics Board, I will do my duties25 6 3/31/11 - WHOLE - RES. 110188 & 1101891 conscientiously, realizing the complexity2 and difficulty of governing a large city3 with such a diverse population and with4 such potential for growth and success. I5 look forward to the opportunity to6 continue to serve the City and am happy7 to answer any questions that you may8 have.9
Thank10 you very much.11 Mr. Reed, would you please12 identify yourself for the record.13
Yes. 15 Good morning, Council President16 Verna and members of City Council. My17 name is Michael H. Reed. 23 I am a lifelong resident of24 Philadelphia, having grown up in South25 7 3/31/11 - WHOLE - RES. 110188 & 1101891 Philadelphia and currently residing in2 Center City. I was raised in a home3 along with my brother and two sisters by4 Vivian E. Reed, a single mom, who is now5 deceased. She continues to be my moral6 compass. , were all9 educated in the Philadelphia public10 schools. I received a BA in Political11 Science from Temple University in 196912 and a law degree from Yale Law School in13 1972. I have practiced law for almost 4014 years. I have been employed by the15 Pepper Hamilton law firm since working16 there as a summer associate in 1971, and17 I have been a partner in the firm since18 1980. I concentrate my practice in the19 area of corporate reorganization and20 bankruptcy. 23 Since early in my career, I24 have been active in the professional and25 8 3/31/11 - WHOLE - RES. 110188 & 1101891 civic communities. I started out serving2 in leadership positions with the Young3 Lawyers Section of the Philadelphia Bar4 Association and the Barristers5 Association of Philadelphia. 8 Anderson, a former member of this9 Council. For ten years beginning in10 1974, I served as an advisor to Law11 Explorers Post 913, sponsored by the12 Philadelphia Bar Association and the Boy13 Scouts of America. We mentored hundreds14 of Philadelphia high school students15 interested in legal careers. One of our16 students in that program currently serves17 as a Supervisory Judge on the Court of18 Common Pleas of Philadelphia County. In19 2004, I was honored to receive a20 resolution from this Council recognizing21 my service as the first African American22 President of the Pennsylvania Bar23 Association. I have also served on the24 Board of Governors of the American Bar25 9 3/31/11 - WHOLE - RES. 3 I was admitted to the bar of4 the Supreme Court of Pennsylvania in5 1972. Since then, I have been admitted6 to practice before numerous other courts,7 including the Supreme Court of the United8 States. 21 From 1990 to 1993, I was a22 member of the Pennsylvania Judicial23 Inquiry and Review Board, which was24 responsible for enforcing the Code of25 10 3/31/11 - WHOLE - RES. 110188 & 1101891 Judicial Conduct and ethics rules2 applicable to state court judges in3 Pennsylvania. For six years, I served as4 a member of a hearing committee of the5 Disciplinary Board of the Supreme Court6 of Pennsylvania, and I served as Chair of7 the committee for three years. 11 In 1990, I was appointed by12 former Mayor W. Wilson Goode to the13 Educational Nominating Panel, on which I14 served for three years. In the civic15 arena, I currently serve as Vice Chair of16 the Academy of Natural Sciences of17 Philadelphia, a member of the Board of18 United Way of Southeastern Pennsylvania,19 a member of the Board of Advisors of the20 Public Interest Law Center of21 Philadelphia and a member of the22 Executive Committee of the Temple23 University Alumni Association. I24 previously served on the Board of25 11 3/31/11 - WHOLE - RES. 110188 & 1101891 Episcopal Hospital, and I have been a2 member of the Committee of Seventy for 303 years. 13 In closing, I would like to14 thank Mayor Nutter for his nomination and15 the members of this Council for16 considering my qualifications to serve on17 the Ethics Board. 23
Thank24 you. I don't have any questions, but I25 12 3/31/11 - WHOLE - RES. 110188 & 1101891 do have a comment.2 In my humble opinion, I believe3 the Mayor could not have chosen two more4 qualified nominees.5
And8 Mr. Reed, coming from South Philadelphia,9 I'd have to vote for you and being a10 member of -- do you recall Reverend11 Galloway?12
Reverend Gallup?13 Yes.14 COUNCIL PRESIDENT VERNA:15 Gallup, yes. That's it.16
He was my pastor.17 COUNCIL PRESIDENT VERNA:18 Wonderful, wonderful man. I just know19 that you both would be extremely20 successful in these positions.21 At this point, I'd like to22 recognize Councilwoman Tasco.23
Thank you,24 Madam President. I join you. I think25 13 3/31/11 - WHOLE - RES. 110188 & 1101891 that we have two good candidates here2 today. Their background, experience will3 certainly add to the other hard-working,4 outstanding members of the Ethics Board,5 and they have both been involved in the6 Philadelphia public life and serving in7 their capacity as judge and as lawyer,8 and involvement in many of the Bar9 Association activities gives them a broad10 perspective of what we have to deal with11 and issues around ethics that we have put12 forth in our legislation. So I'm glad to13 have them both.14
Thank17 you.18 The Chair recognizes Councilman19 Green.20
Thank you21 very much, Madam President.22 I want to echo the President's23 remarks. Certainly we all feel that way24 and are both very well aware of your25 14 3/31/11 - WHOLE - RES. 110188 & 1101891 qualifications and fully -- and your2 integrity and look forward to your3 service.4 I do have a question that I ask5 basically every person that is nominated,6 and it really relates to the fact that7 you take an oath of office to serve on8 the Ethics Board and the oath of office9 to the Charter, to the laws of the City10 and the state and the federal laws and11 constitution. And we have over the past12 three years developed a great working13 relationship with the Ethics Board,14 passed many new laws that have been15 supported by the Ethics Board, but the16 one area where we've had some17 disagreement about what the Ethics Board18 should and should not do is taking its19 oath about the United States Constitution20 seriously, and specifically, that's the21 free speech rights of City employees who22 are governed by the Home Rule Charter and23 the laws that we pass that restrict their24 political activities.25 15 3/31/11 - WHOLE - RES. 110188 & 1101891 There is now, if we pass a bill2 that has been recently proposed, the3 ability for the Ethics Board to4 administratively adjudicate Charter5 provisions relevant to political6 activities and a bunch of other things.7 And so my question really is -- I'll give8 you one additional fact. The ACLU has9 testified before the Ethics Board that10 the political activities restrictions are11 unconstitutional, and even with recent12 rules changes proposed, they are still13 unconstitutional.14 So the question is, will you,15 as a member of the Ethics Board, if you16 believe that the constitutional rights of17 a City employee or someone who is coming18 before you are being violated and they19 raise that issue, will you make a20 determination at the administrative level21 that yes or no their rights are being22 violated? And I can give you a specific23 example. The Third Circuit Court of24 Appeals has ruled that police are allowed25 16 3/31/11 - WHOLE - RES. 110188 & 1101891 to donate to political candidates. Is2 the Ethics Board current position that3 because no firefighter has actually4 brought the suit, that firefighters5 cannot currently give political6 donations? That's just the most extreme7 example of what we're talking about here.8 So with that as a premise, what9 is your position with respect to the oath10 of office requiring you to respect the11 U.S. Constitution?12
I think that Council13 President Verna was correct when she14 observed that the principle of ladies go15 first is important right now.16 JUDGE BECK: I'm happy to, and17 I'm happy to latch on to your example.18 It seems to me that if the Third Circuit19 says the police can do X, I don't see a20 distinction between the firemen doing X.21 And that would be my response.22
My response would be23 that I see great wisdom in what Judge24 Beck has just said, but it would be25 17 3/31/11 - WHOLE - RES. 110188 & 1101891 inappropriate for me at this hearing, I2 believe, to say how I would vote upon a3 matter that would come before the Ethics4 Board if and when I am confirmed.5 COUNCIL PRESIDENT VERNA:6 Councilman Green.7
Thank you.8 I wasn't requesting an9 explanation of how you would vote. What10 I'm requesting is, will you consider the11 U.S. Constitution if someone raises that12 in defense of their activities before13 you?14
Councilman Green, I15 think that your question raises what I16 would call a motherhood and apple pie17 no-brainer. Of course, having taken an18 oath to respect and observe the U.S.19 Constitution, we would be bound to20 consider it in anything that -- its21 application and its implications in any22 administrative or adjudicatory functions23 that we might perform.24
Thank you25 18 3/31/11 - WHOLE - RES. 110188 & 1101891 very much.2 Thank you, Madam President.3
Thank4 you.5 The Chair recognizes6 Councilwoman Brown.7
Thank you,8 Madam President.9 Good morning. I join my10 colleagues in thanking you very, very11 much for the rich experience and track12 record of service that will certainly be13 relevant in the positions that we're14 pursuing here this morning.15 Mr. Reed, could you please16 speak to your experience at the Committee17 of Seventy, how long you were on the18 Board, what was the principal mission of19 the Committee of Seventy and were you20 there during the transition of the21 leadership there at Committee of Seventy?22
Yes, I'm happy to.23 I have been there 30 years. I think I'm24 actually one of the most long-serving25 19 3/31/11 - WHOLE - RES. 110188 & 1101891 members on the Committee of Seventy. As2 I indicated, I would feel incumbent to3 resign from the Committee if I were4 confirmed. However, the Committee of5 Seventy has, since my involvement in it,6 been primarily known for its election7 watchdog work, but it has since my -- or8 the 30 years that I've been involved in9 it and under the stewardship of former10 Executive Secretary Fred Voigt been very11 proactive and I believe productive in12 providing research and white papers on13 matters of public concern and public14 governance, including school matters,15 Charter matters and the like. The16 Committee has continued to do that.17 I think that the Committee in18 its history, both before the service of19 Fred Voigt as Executive Secretary and now20 under the service of Zach Stalberg as21 Executive Director, has had varying22 degrees of activity in what I would23 describe as governance watchdog -- the24 governance watchdog arena, beyond the25 20 3/31/11 - WHOLE - RES. 110188 & 1101891 electoral sphere, and I think that it is2 an asset to this city.3 I know that there are times4 when there is tension, but I think that5 it strengthens us all to have people of6 goodwill who will bring issues and7 questions to the attention of the Mayor8 and the Council and the public that9 deserve focus and consideration.10 The Committee of Seventy is an11 organization of many people. It takes12 public positions that not every member of13 the Committee on every given issue might14 agree with the public positions that the15 Committee takes.16 So I don't know whether that is17 responsive to your question.18
Yes, it is19 partially. I agree with the20 characterization of the word "tension"21 with the Committee of Seventy, and it's22 been my limited experience here that --23 and please correct me if I'm wrong --24 that the membership of the Committee of25 21 3/31/11 - WHOLE - RES. 110188 & 1101891 Seventy, some might argue, is not2 representative of the world of the City3 of Philadelphia, and thus is it fair for4 those who are not representative of this5 world to then be complimentary or6 criticizing the world that we're talking7 about, being City of Philadelphia. And8 let me -- the Board does not reflect the9 City of Philadelphia.10
I think that the11 Committee of Seventy could benefit from12 continuing to diversify its membership so13 that when it speaks on matters of public14 interest and matters of governance, its15 statements and opinions will have greater16 resonance and credibility with the17 constituency of the citizens of18 Philadelphia.19
Thank you20 very much. Agreed. Thank you.21 Thank you, Madam Chair.22 COUNCIL PRESIDENT VERNA:23 You're welcome.24 Are there any other questions25 22 3/31/11 - WHOLE - RES. 110188 & 1101891 or comments from members of the2 Committee?3 (No response.)4 COUNCIL PRESIDENT VERNA:5 Seeing none, this will conclude our6 public hearing.7 We will now go into our public8 meeting, and the Chair recognizes9 Councilwoman Tasco.10
Madam11 President, I move for the adoption of the12 resolutions.13 (Duly seconded.)14
It15 has been moved and seconded that16 Resolution --17 MR. McPHERSON: Resolution18 110188 and 110189.19
-- be20 reported out of Committee with a21 favorable recommendation.22 All in favor will indicate by23 saying aye.24 (Aye.)25 23 3/31/11 - WHOLE - RES. 110188 & 1101891
The5 ayes have it and the motion carries.6 Thank you very much.7 (Applause.)8 (Committee of the Whole9 concluded at 10:00 a.m.)10 - - -11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on March 31, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25