COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, February 4, 2008 10:30 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO RESOLUTIONS 080043, 080045 and 080074 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, everyone. This is a public hearing of the Committee of the Whole, and before we start our hearings, I am pleased to announce that the Mayor is here and would like to be recognized. Mr. Mayor. Good morning and welcome.
Madam President and members of this esteemed City Council, thank you for the opportunity to be here this morning. There are three individuals that I've proposed or nominated for a variety of positions. These three individuals I believe represent some of the best public servants in a variety of ways that we've had an opportunity to have in the government: Shelley Smith, Kenya Mann and Lori Shorr for City 3 2/4/08 - WHOLE - RES. 080043, ETC. Solicitor, a member of the Board of Ethics and the Chief Education Officer respectively. I just wanted to come and personally state for the record that I am pleased and proud to have put those names forward. I look forward to the hearings with regard to them, and ask this Council, if at all possible during the course of this Committee of the Whole hearing, to move their resolutions forward, and on behalf of the rest of the government, I would certainly ask, in your consideration and good kindness, to confirm them as quickly as possible so that they can get back to the business of serving the great citizens of this city. Thank you very much.
At this time, I would ask Mr. McPherson to please read the title of Resolution No. 4 2/4/08 - WHOLE - RES. 080043, ETC. 080043. MR. McPHERSON: Resolution 4 confirming the appointment of Shelley R. Smith, Esquire, as City Solicitor.
You're welcome. Would you please tell us something about yourself.
Certainly. Madam President, good morning to you and to the other distinguished members of Council who are present here today. I am Shelley Smith, Acting City Solicitor, and it's an extraordinary honor for me to appear before you here today seeking confirmation as the City Solicitor of the City of Philadelphia. I am very pleased to re-enter public service on behalf of the City, as my greatest joy has been to work on issues 5 2/4/08 - WHOLE - RES. 080043, ETC. concerning the citizens of this great city. As I return to public service, I commit to provide each of you with the highest level of service and diligence. Prior to rejoining the Law Department, as some of you may know, I worked in private practice. Most recently, I served as Associate General Counsel for Regulatory Affairs at Exelon Corporation, and before joining Exelon, I was of counsel to the firm Ballard, Spahr, Andrews & Ingersoll in the Labor and Employment group. I was there from 2005 until 2007, and my clients while I was there included the City of Philadelphia, the Commonwealth of Pennsylvania and the Philadelphia Orchestra, among some other private corporations. My responsibilities to these clients included the litigation of employment matters and the oversight of labor contract negotiations. Before going into private practice, however, I spent 13 years in 6 2/4/08 - WHOLE - RES. 080043, ETC. the City's Law Department, and during my tenure there, I spent more than a decade in the Litigation group, where I was a trial attorney and supervisor in the Civil Rights Unit, Chief of the Affirmative Litigation Unit, Chief of the Labor and Employment Unit, and prior to leaving, I was promoted to the position of Chair of the Law Department's Corporate and Tax group. While with the City, I had the opportunity to try or litigate hundreds of cases. I also coordinated the negotiation of collective bargaining agreements for the Philadelphia Orchestra musicians and served as in-house legal counsel to the former Police Commissioner Richard Neal. I am a native Philadelphian. I am a product from 5th through 12th grade of the Philadelphia public school system and a proud graduate of the Philadelphia High School for Girls. I began my legal career in 7 2/4/08 - WHOLE - RES. 080043, ETC. C. , Chief Justice of Pennsylvania. I currently serve as a member of the Southeastern Pennsylvania Advisory Board of Pennsylvanians for Modern Courts and I am Vice-Chair of the Philadelphia Bar Association's Commission on Judicial Selection and Retention, which I chaired last year. My goal for the Law Department is to provide you and the rest of our clients with the highest possible quality legal representation and timely service. I hope to develop a close working relationship with each member of City Council in carrying out the responsibilities of the City Solicitor as contemplated by the Home Rule Charter. For Council and its members, this includes assuring the loyalty and complete confidentiality owed to you by the Law Department. I understand that if you ask for legal advice from the Law 8 2/4/08 - WHOLE - RES. 080043, ETC. Department or if you ask an attorney in the Law Department to draft legislation, that request, as well as our advice to you, is to be kept confidential. You have my firm commitment on this issue. There may be instances when we believe that formal opinions we provide may warrant public disclosure, but we will not make such opinions public without your agreement. And, of course, you are always free to make those opinions public if you choose to do so. I'd like to briefly outline for you other goals to which I am committed. First, given our fiscal challenges, I will work to substantially increase the collection of delinquent payments due to the City and to contain legal costs.
Second, I commit to develop with the Administration additional policies and procedures concerning the ethics laws applicable to City government and to further strengthen the level of support of and coordination and 9 2/4/08 - WHOLE - RES. 080043, ETC. collaboration with the Inspector General. Finally, I fully support Everett Gillison, Deputy Mayor for Public Safety, and the efforts of the Police Department under Police Commissioner Charles Ramsey to reduce crime in the City. In this regard, I have already assigned an attorney to work closely with the Police Department and Prisons, and I am optimistic that this assignment will bring efficiency, synergy and creativity to the team responsible for ensuring the safety of the citizens of Philadelphia. As I said before, I am extraordinarily honored to be before you today and I commit to work diligently to do my very best for you and for the City of Philadelphia. I look forward to a good relationship and the many opportunities we will have to work on issues together. I am happy to answer any questions or supply you with any additional information in connection with 10 2/4/08 - WHOLE - RES. 080043, ETC. my candidacy for confirmation.
Ms. Smith, under the Charter, the City Solicitor represents both the Administration and City Council. How do you intend to resolve any conflicts that might arise in representing both branches of City government?
When there is a real conflict of interest, the structure that the Charter sets up establishes the potential, the inherent potential, for a conflict, but when there is a real conflict that manifests itself in a dispute, I am empowered under the Home Rule Charter to authorize City Council to hire outside counsel for that matter if it's necessary, and I promise that in all appropriate situations, I will provide such authorization.
Do 11 2/4/08 - WHOLE - RES. 080043, ETC. you believe that the Home Rule Charter should be amended to provide separate legal representation to City Council?
No. I don't think that's necessary. Philadelphia is not the only city where the structure exists that the city's attorney represents both the executive and legislative branches of government, and I believe that we, the Law Department, should be able to work with all of its respective clients to resolve whatever conflicts exist or provide appropriate counsel in those circumstances where the conflicts cannot be resolved.
Thank you. In general, what will be your strategy for attracting and retaining a highly qualified staff that reflect the diversity of the City?
Well, first I'd like to say that some of the best lawyers in the City are already our employees. 12 2/4/08 - WHOLE - RES. 080043, ETC. We cast a very wide net to recruit attorneys to our office. We recruit at all the neighboring law schools. We take out advertisements in the Legal Intelligencer and in the Inquirer and through job search engines. I also think that when the work of Law Department attorneys is seen by members of the legal community, that in and of itself is the best advertisement we can have to attract more qualified attorneys. We also regularly participate in minority job fairs held in Philadelphia. And it's worth noting that currently 48 percent of our staff is minority, 33 percent of our managing attorneys and 40 percent of the Law Department's executive committee are minorities. So we're doing a fairly good job on diversity in our office. And the office is also majority female.
Thank you very much. 13 2/4/08 - WHOLE - RES. 080043, ETC. Councilman Rizzo, your light is on. Did you want to be recognized?
Good luck. Could you discuss briefly an issue that has really caught national attention. It's the debate with the Boy Scouts of America. Could you tell us how you're going to deal with that issue?
Well, the prior Administration took the position that -- has taken the position that the Boy Scouts of America ought to respect the commitment of the City to diversify and ought to tailor its policies accordingly if it's going to benefit from favorable lease provisions that the City provides to it, and this Administration is committed to continuing that policy.
Could you 14 2/4/08 - WHOLE - RES. 080043, ETC. say that one more time? I think I missed your point. Could you say that again, please?
Sure. The prior Administration took the position that the Boy Scouts of America should change its policy with respect to homosexuality and the Boy Scouts in order to take advantage of the favorable lease provisions that the Boy Scouts avail themselves of from the City, and the current Administration will continue that position.
So do you have a plan that you can tell us about? Are they going to leave? Are they going to pay? What exactly are they going to do?
Well, I have not as of yet had an opportunity to have a direct conversation with representatives of the Boy Scouts of America, but at an appropriate time, I will do so. But the position of the Administration remains the same, and so we'll have to engage in 15 2/4/08 - WHOLE - RES. 080043, ETC. some discussions to see whether or not the position of the Boy Scouts remains the same going forward.
So in other words, the same position the Administration is taking -- this Administration is taking, as we all know, is the position of the previous Administration?
You're welcome. The Chair recognizes Councilman Green.
Thanks for being with us today. I just have a couple of quick questions. The first is, you talked about the sort of inherent conflict in representing the Administration and City Council. One of the things about the process that I've learned is that it's the same person who 16 2/4/08 - WHOLE - RES. 080043, ETC. may draft legislation for us that may be asked by you or the Administration to determine whether or not the legislation is legal and provide advice to the Administration about that. Is there any way to create a Chinese wall between the person who provides the advice or anybody involved in providing advice to City Council and the person who will advise the Administration on the legality or the Solicitor's opinion about a particular piece of legislation?
I'm sorry, Councilman Green. I had a bit of trouble following the beginning of that question. You said the same person...
Who drafts legislation will often be the person who provides advice to the Administration about a piece of legislation's legality under the Charter.
You mean the same person in our office? 17 2/4/08 - WHOLE - RES. 080043, ETC.
The same person in your office, as opposed to having that be required to be two different people. It seems that there's an inherent conflict in that practice.
Well, I think that maybe the issue is whether or not the person in our office has been asked to provide confidential advice to Council about a particular legislative matter as opposed to having been asked generally to assess the legality of potential legislation. In the latter situation, I'm not sure that a Chinese wall, which is the thing you're describing, is what it's called or what we call it as lawyers, is necessary. If our office is asked to provide a general legal analysis, our legal view of legislation, that is not necessarily a confidential matter. If we're asked by any Councilperson or the Mayor's Office to provide legal advice about a particular legislative matter, 18 2/4/08 - WHOLE - RES. 080043, ETC. then that's confidential advice. And if confidential advice is provided by one lawyer, then certainly the possibility exists to construct a wall so that that lawyer who has provided the confidential advice to one client is not necessarily influenced by the person who is providing confidential advice to another client. But what has been asked for may not necessarily be that kind of confidential advice. It may just be a general analysis of potential legislation.
Well, let me give you that scenario. For example, say I ask somebody to draft a piece of legislation. I'm an attorney. I reach my own conclusion or one of my staff attorneys reaches their own conclusion about whether or not that's legal under the City Charter, and the person from the City Solicitor's Office who helped us draft the legislation has advised us that he thinks it's an argument that it's not legal. 19 2/4/08 - WHOLE - RES. 080043, ETC. It seems to me that through the interplay of our discussions between my office and that person, we're disclosing a lot of our legal theories to that person, and then to have that person be the person that tells the Administration whether or not it complies with the Charter, for example, seems to me to raise the conflict, because they now know all the legal theories that we're going to espouse to say it is legal in the future. So I'm not asking for a decision on that today. It's just something that I hope that we could maybe work out in the future.
Certainly. And I think what I described at the beginning was an inherent potential conflict, and certainly based on the facts and circumstances as they develop in any particular case, we can determine what the best course of action is.
Thank you. 20 2/4/08 - WHOLE - RES. 080043, ETC. Can you talk a little bit about how important precedent is to the City Solicitor in terms of the role of precedent of legal opinions and also previous City Solicitor opinions?
Well, in general, to any lawyer, precedent is what -- the rule of precedent is a rule that dictates that when facts and circumstances have been decided under the applicable principles of law and fully fleshed out, the decision on those facts and circumstances gives some certainty to future litigants or parties or people in the midst of a similar conflict as to how similar facts and circumstances should be decided under the same law. With respect to Solicitors' opinions, certainly that's also the case. As in the law generally, occasions arise when circumstances change or the circumstances of an analysis change such that a revisitation of those previous decisions might be required. Separate 21 2/4/08 - WHOLE - RES. 080043, ETC. but equal is a good example of that.
Okay. And just under the City Charter, who makes public policy?
You're welcome. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. Ms. Smith, I had the benefit of a meeting with you on Thursday --
-- along with several other members of Council, and it shortens my questions considerably, because I was --
-- very 22 2/4/08 - WHOLE - RES. 080043, ETC. impressed with your answers to some difficult questions, I believe, at least difficult for this Council in the past, and, that is, just how independent is our Solicitor in terms of the history, by and large, in the City of being that the Mayor tells the Solicitor what to do and the Council asks the Solicitor rather than telling, that the Solicitors, by and large, have considered themselves part of the Administration team, not just a cabinet member but working for the Mayor, where the Council is sort of an optional client. And I honestly believe not only this Administration will not treat the relationship that way, but I don't think you will either. You were very clear about your independence in terms of giving advice, and I feel good about that. Having just heard about something I hadn't thought about in a while and, that is, the precedent value of City Solicitor's opinion, I will just 23 2/4/08 - WHOLE - RES. 080043, ETC. tell you that history has often in this City placed very little future value on a City Solicitor's opinion, because often times it is the Mayor telling the Solicitor what kind of opinion they want and then getting it. So just as in a law firm if there was an opinion to a client from a lawyer five years ago, ten years ago, years ago, it's just one lawyer's 11 opinion. It's not a Court. It's not a 12 Court basing it on precedence 13 necessarily. 14 And so I would just ask you to 15 keep an open mind and look at every request for a Solicitor's opinion as something new, fresh and with a new set of lenses.
Thank you very much. I look forward to working with you.
Thank you, and I with you. 24 2/4/08 - WHOLE - RES. 080043, ETC.
Thank you, Madam President. I just want to quickly say congratulations, good luck. And in my experience here, the only time that we bat heads with you or with the Administration is when the Administration and Council doesn't talk beforehand, and I believe that if we talk beforehand -- my goal in this next four years is to not sue the Mayor once.
We've been suing a lot in the last eight years, and the only people making out is the lawyers, trust me. So congratulations. We look forward to working with you. I commit my 25 2/4/08 - WHOLE - RES. 080043, ETC. cooperation and help, and I think if we talk together, we won't need to fight with you.
Thank you. Councilman Green, your light is on. Did you want to be recognized?
Thank you. I'd just like to make a comment about my relationship with Ms. Smith. She served on the Philadelphia Gas Commission for about a year.
And sometimes the appointees are sent to the Gas Commission with certain notions about the Commission and the relationship with PGW. I will tell you that she weighed in very carefully, listened, and I found her 2/4/08 - WHOLE - RES. 080043, ETC. to be very fair in her assessment of the issues before us, and I appreciated that very much, because sometimes that could be clouded, but she was very honest and open and fair.
Thank you. Are there any other questions or comments from members of the Committee? The Chair recognizes Councilman Clarke.
Real quickly, we talked about this earlier. I just wanted to get it on the record. But you did bring up one issue with respect to a member requesting a formal opinion. Your policy, is that any different than the current policy? 27 2/4/08 - WHOLE - RES. 080043, ETC.
Well, I've had on occasion to ask the Solicitor to issue an opinion on a subject matter and there were two different processes, one that immediately could be public for the public purview and the other it was based on the client's ability or willingness to allow that to be public. Is your process going to be any different than the prior process?
Our current policy is that Solicitors' opinions rendered at the request of clients are private unless the client requesting the opinion agrees or requests that those opinions be made public. We are considering -- and I would certainly seek to work with all of you on this -- revising that policy so that the presumption is that they're public unless they're requested to be private, because there is some value in, especially for the sake of transparency 28 2/4/08 - WHOLE - RES. 080043, ETC. in government, there is some value to having opinions made public or presumed to be public. So I would want to work with you on that, but the current policy is --
Because the -- just one second. I'm sorry. Because the Solicitor is often the only person who opines on some issues relating to government policy and it's helpful for the public to understand how those policies are interpreted, and often that interpretation comes only when clients request an analysis of it.
Well, are you of the opinion that the Solicitor should make policy?
I am not of the opinion that the Solicitor should make policy and I did not say that the Solicitor should make policy. I said the Solicitor interprets some -- interprets 29 2/4/08 - WHOLE - RES. 080043, ETC. issues and sometimes the only interpretation of those issues comes from the Solicitor.
But if you're making a decision for a policy change that says that an opinion should be subject to the public purview, then that's a change in policy, and I'm assuming that it's an internal policy from the Solicitor's Office, and you're saying it should be based on the need to be transparent.
I mean, I'm trying to understand why there's a change.
There has not been a change. I said that I am considering it, and I would hope to work with all of you as I flesh out whether or not that change will occur. I mean, the Law Department -- the City Solicitor's Office has been publishing City Solicitors' opinions for 30 2/4/08 - WHOLE - RES. 080043, ETC. more than a hundred years, and as I said, those opinions provide helpful guidance to City officials and to the public, and how some of these issues that only the City Solicitor has the opportunity to analyze are analyzed and resolved. That guidance can be very helpful to the public. Also, sometimes two different City officials are asking the Solicitor to issue an opinion on the same subject and it's helpful in those instances for one opinion to be issued, because ideally the City Solicitor's opinion about the legality of something, for example, shouldn't be different depending on who is asking the question. It should be an objective legal analysis based on whatever the facts and circumstances of that particular question are. If the opinions are presumed to be public unless they're requested to be confidential as opposed to the reverse, which exists now, then the opportunity exists for the question to be answered 31 2/4/08 - WHOLE - RES. 080043, ETC. for everyone who is concerned about it. But, again, this is something I'm thinking about. It is not something that I've changed, and I would absolutely expect to work with all of you in figuring that out.
And who will make the ultimate determination on that matter?
Well, if a client asks for confidential advice, then that client's request for confidentiality has to be respected. So the client ultimately makes the decision whether or not the advice that I render --
If what you've requested is -- if what you've requested is a Solicitor's opinion and you've requested that in the context of advice to you as a client and you've requested that that be confidential, then your request for confidentiality is honored 32 2/4/08 - WHOLE - RES. 080043, ETC. and you make the ultimate determination.
I want to be clear. I'm not talking about a specific opinion. I'm talking about the change in policy that at this moment or under the prior Administrations if we made a request for an opinion, it's presumed that that opinion is within the confidentiality of the client and the opinion -- I'm sorry; and the Solicitor. You're talking about changing that policy whereas the client must request that that be confidential in nature. My question is, if that policy, not an individual opinion, if that policy changes, who makes the ultimate decision as to whether or not that policy changes after you've acknowledged that you will have conversations with Councilmembers and the Mayor about that?
I believe that ultimately the decision would be mine whether or not to shift the presumption in the opposite direction. 33 2/4/08 - WHOLE - RES. 080043, ETC.
Yes. Whether to shift the presumption, yes. But, again, if a request from a client is for advice that's confidential, then that request would be honored.
I understand that. I'm just trying to find out who will make the ultimate decision on the change in policy. Okay. One other question, and I asked you this earlier. I just want to confirm it. In the event that there's an issue that there may be some difference in opinion about whether or not the Council or a Councilmember and the Administration has a different opinion about a matter -- and I'll bring up one in particular, the gun issue, and I spoke to you before about a number of members of Council felt that it was important for us to tackle the gun issue; i.e., 34 2/4/08 - WHOLE - RES. 080043, ETC. litigation, and there was some question in the last Administration about whether or not we would be successful and, therefore, had not authorized the last Solicitor to represent the City Council in this challenge to the General Assembly and the State Senate on the lawsuit as it relates to regulating guns. So we, Council, were forced to hire outside counsel to represent us in this matter. In the event that an issue like that comes forth where there's varying views on whether or not the Solicitor's Office should be the representative in court on a particular issue, what's your position on that?
Well, I think what our office does in such an instance is determine whether or not any course of litigation that any client wants to pursue is -- and I don't want to put it this way as if this is the way we frame the question, but is frivolous, which is not -- and, again, I don't want to frame 35 2/4/08 - WHOLE - RES. 080043, ETC. it that way, in the sense that we look at it and say is this frivolous, but we look at the potential for --
Well, we look at an issue that a client wants to pursue in litigation to determine whether or not it has merit, it might be frivolous, et cetera, and make a determination, and if we determine that a lawsuit is likely to be frivolous, what the Charter directs is that Council is permitted to hire outside counsel when such an issue arises. And so in that instance, if the Law Department determines that a lawsuit is likely to be frivolous, then it's within the Law Department's purview under the Charter to suggest that City Council hire outside counsel to represent itself.
So that has no relationship to the Administration's viewpoint on that? It's just solely the relationship between the Law Department 36 2/4/08 - WHOLE - RES. 080043, ETC. and the Councilmember, and if the Law Department determines that, in spite of what the Administration's viewpoint is, if the Law Department determines that that particular issue comes up to the level or reaches a threshold where --
-- it's a challengeable offense, then you will make the -- regardless of the viewpoint of the other side of government?
That's right. It's not a determination that's made on the basis of how the Administration feels about it. It's a determination that's made based on the quality of the legal issue itself.
You're welcome. The Chair recognizes Councilman 37 2/4/08 - WHOLE - RES. 080043, ETC. Jones.
I just want to say that I look forward to working with you. You do have a dedicated group of staff people there that I've had the opportunity to work with in my capacity at PCDC or my capacity at the Minority Business Enterprise Council. In particular, Michelle Flamer brings a lot to the table, institutional memory and a continuity from Administration to Administration. But welcome on board, if you get by today. The second thing is, in your 30 38 2/4/08 - WHOLE - RES. 080043, ETC. days on board, have you looked at any pending lawsuits or things that the City of Philadelphia and this Council in particular need to kind of be cognizant of that you feel could be shared today?
In the past 30 days, Councilman Jones, I have looked at so many matters that I'm not sure that I could --
That you've looked at, that maybe we as a Council or a body or City of Philadelphia, hot issues that we might need to be prepared for, without doing anything that would jeopardize that case and/or pending lawsuit, but things that in general that caught your eye.
I'm really not sure I can answer that question sitting here 39 2/4/08 - WHOLE - RES. 080043, ETC. today, Councilman Jones. Literally there are so many matters that come across my desk every day and I'm not sure that I could elevate any one of them. Some of them are more important because of time sensitivity. Some of them are more important because of any one of a number of different reasons. I'm not sure I could come up with any one particular case. But as I'm sure you're aware, there are a lot of matters going on, legal matters going on, in the City that are of importance to the citizens and to the government.
Well, maybe in another conversation as you settle in, I'd like to know particularly matters that have a potential to impact our bond rating, that impact us budgetarily and that as a society we need to be kind of braced for as a big city of the first class in the Commonwealth of Pennsylvania. I'll ask you that again. I'll get another chance to talk with you 40 2/4/08 - WHOLE - RES. 080043, ETC. during the budget process.
Thank you very much, and I'll be happy to look into that for you.
Yes. I just wanted to follow up on Darrell Clarke's question. Whenever I talk to an attorney; that is, my attorney as a City Solicitor or any member of the City Solicitor's staff, I view that conversation as confidential under the Rules of Professional Conduct, and so I don't see how the policy could change. I just want to throw that out there. I'm not asking you to comment, unless you'd like to.
No. I appreciate their viewpoint. We take the position that attorney-client communications are 41 2/4/08 - WHOLE - RES. 080043, ETC. confidential as well. That's a separate question.
Are there any other questions or comments from members of the Committee? The Chair recognizes Councilwoman Sanchez.
I have a question as it relates -- and you made a point to include it in your testimony -- to collections. And the reason in particular, when you look at your inventory of tax delinquency, there will be a large inventory from the 7th Councilmanic District, and I know the practice in the last, I don't know, ten years, we've had some private companies doing some of those collections. As you review that, for me the goal is how do we get some of this delinquency early when people can afford it versus later when we outsource it and 42 2/4/08 - WHOLE - RES. 080043, ETC. there's less of a human spirit in it and it's more of a cash revenue stream. When you look at that, keep in mind that, one -- and you acknowledge that we need to do a better job, but that our goal with these properties is to bring them on line and bring them on line when people can afford to bring them on line versus when they're no longer affordable. And at a time when we potentially are going to full property, I am particularly concerned in how that is addressed in some of the more distressed communities. So I just wanted to put that out there, that as we review that, that our goal should be how do we keep people in their homes and how do we streamline that so that that could happen.
Yes, Councilwoman Sanchez. Part of our initiative over the past few years has been to establish hardship guidelines and a hardship collection process so that people who 43 2/4/08 - WHOLE - RES. 080043, ETC. want to comply but have difficulty doing so will have a process for doing so and a process for establishing affordable payment arrangements so that they can remain in their homes. We've also agreed with the Volunteers for the Indigent Program, Philadelphia Legal Assistance and Community Legal Services to provide some legal services in connection with some of the related issues such as tangled title that can complicate those matters in the hope that that will help taxpayers who want to pay put themselves in a situation where they can do so.
Thank you. Any other questions or comments from members of the Committee? (No response.)
Thank you very much. 44 2/4/08 - WHOLE - RES. 080043, ETC.
I would ask Mr. McPherson to please read the title of Resolution No. 080045. MR. McPHERSON: Resolution 8 confirming the appointment of Kenya Mann, Esquire, as a member of the Board of Ethics to serve in the term ending November 16, 2008.
Good morning. Welcome. Please identify yourself for the record.
Good morning, Council President. My name is Kenya Mann. Good morning, and I'm honored to be here.
Thank you. Would you tell us something about yourself, please.
Yes. Good morning, Madam President and distinguished members of City Council. My name is Kenya Mann and I'm currently a partner at the law 45 2/4/08 - WHOLE - RES. 080043, ETC. firm of Ballard, Spahr, Andrews & Ingersoll. I am a nominee for the Board of Ethics, and I thank you for the opportunity to testify before City Council in consideration of Mayor Nutter's nomination. I believe for City Council to properly consider my nomination it is important that I share some information about my background and my motivation for wanting to serve on the Philadelphia Board of Ethics. Although I currently work in private practice at Ballard, I have spent the majority of my career in public service. Immediately after graduating from law school in 1989, I relocated from my hometown of New York City to work at the Defender Association of Philadelphia. After six years as a public defender, I then worked as a Senior Deputy Attorney General for the Pennsylvania Attorney General's Office, where I was assigned to the Drug Strike Force Section in 46 2/4/08 - WHOLE - RES. 080043, ETC. Philadelphia and I prosecuted drug traffickers and physicians who illegally dispensed controlled substances. In 2002, I accepted a position as an Assistant United States Attorney here in Philadelphia. As a federal prosecutor, I handled a variety of federal investigations and prosecutions, including public corruption cases. While working on public corruption cases, I learned that there were some people in City government who were unaware of the City's ethical rules and what was permitted activity. For these reasons, I fully support the Ethics Board's new education and training mandate. Based on my experience with jurors in public corruption cases, I believe that most citizens were hopeful and optimistic that the vast majority of officials and employees in City government remain committed to serve the public's interest. If confirmed to the Ethics Board, I will be able to join the 47 2/4/08 - WHOLE - RES. 080043, ETC. effort to further promote and restore confidence in City government. I have been a part of the Philadelphia legal community for almost years. I have a vested interest in 7 the City and want it to be a model of 8 ethics for all other cities. 9 Since the announcement of my 10 nomination by the Mayor, I've had the 11 opportunity to meet the truly diverse and 12 impeccable members of the Ethics Board. 13 I also have observed the tremendous 14 amount of work they've done in such a 15 short period of time. As I have attended 16 two Ethics Board meetings, it is obvious 17 to me that the Board has quickly moved 18 forward in furthering transparency and 19 integrity in City government. 20 My experiences have led me to believe that there is a gap between the citizens and the government. The citizens of Philadelphia deserve an honest and efficient government, and the City officials and City employees deserve 48 2/4/08 - WHOLE - RES. 080043, ETC. to know the rules and regulations under which they must operate. In closing, I would like to thank Mayor Nutter and City Council for considering me to fill the vacancy on the Ethics Board. If confirmed, I pledge to work hard to bridge the gap between City government and its citizens. I will also work with City officials and employees to ensure that they are educated on the rules that have been set forth by the Ethics Board and that they comply with said rules. Given the opportunity, I will work with the Board to continue to promote trust in Philadelphia government. Thank you.
Thank you very much. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Good morning and congratulations. 49 2/4/08 - WHOLE - RES. 080043, ETC.
Your last paragraph actually spoke to -- and this question may be a bit premature -- the importance of educating and informing all of us and staff so that we know clearly where the lines are and where blurry circumstances can get one at a place we don't care to be. So have you had a chance to think through already what steps you will take on a regular basis as it relates to educating us?
Yes. One of the things that I've thought about, and having not been on the Board yet, I think training needs to be given specifically to the City employee that's related to them. So there shouldn't be sort of broad training, maybe focusing on whether it's a City official, whether it's someone else in another agency. That's sort of a vision I have. I'm not on the Board yet, so I 50 2/4/08 - WHOLE - RES. 080043, ETC. haven't had an opportunity, but I think it should be often and that if there is issues that City officials or City employees have, they should be able to come. But I think the training should be clear so people know where the lines are.
And if the line is up here, they should know that so that they can be fully informed.
A follow-up to a question raised by Councilman Clarke on the issue of privacy and confidentiality between a Councilmember and a member of the Ethics Board. Is there policy or what would the policy be if a Councilmember has a question specific to he or she -- I don't know if that's good English. What's the policy?
Because I'm not on the Ethics Board, there are things that are already confidential that I'm not aware of. I know there are things that 51 2/4/08 - WHOLE - RES. 080043, ETC. are confidential going on. What they are, I don't know. I don't know the policy specifically if someone calls and says, I have an issue. I know that going to the website, you can report things, but I don't know the issue of confidentiality and I don't want to guess not knowing. But if I'm confirmed, I certainly will look into that issue, and if it's something that Council is concerned with, I certainly will look into that.
Follow up. At the appropriate time, then, I'll certainly do the follow-up.
But I thank you and I wish you well. I'm always thrilled to see women that move into positions of leadership and responsibility everywhere in government.
I appreciate your willingness to serve Philadelphia in this capacity after your years of service in the U.S. Attorney's Office. I have a couple of questions for you. A couple we've discussed in advance. One I just want to follow up on Councilwoman Blondell Reynolds Brown's point. Just so you know, I'm not asking you necessarily to answer this. The City Code requires the Board of Ethics to provide informal advice to people who come to it. And I can speak as a public official I am not going to come to the Board of Ethics, ask for informal advice and have that advice 53 2/4/08 - WHOLE - RES. 080043, ETC. be public subject to disclosure. In other words, I need to be able to come to the Ethics Board, say This is what I'm thinking about, can I or can I not do this, and have the Ethics Board say, Well, if you were to give us that request in writing, we would advise you you cannot do it. My reaction to that may be, Well, then I just won't do it. I'm not going to make a formal request in writing. That is my view of what informal advice to people who request it means. Do you have any comment on that?
No. I understand. You're saying you're seeking some confidentiality with respect to your informal request, and that's what I hear you saying. I don't have a comment on it. I'm not on the Board yet, so if I'm confirmed, then maybe I can address that issue to you a little better.
Okay. I guess just generally, how do you view the 54 2/4/08 - WHOLE - RES. 080043, ETC. role of the Ethics Board?
As I said in my statement, I view the Ethics Board as providing education and training to City officials, City employees. They evaluate complaints of potential ethical violations, not just against City employees but City officials as well. They work with the Mayor to ensure and promote public trust. They also work in reviewing financial disclosures and ethical violations and things of that nature. So generally that's what the Ethics Board, my understanding, does.
Right. Its role under the City Charter is to administer and enforce the ethics provisions of the Charter and the City Code.
That is its only role under the Charter. There are specific roles about education and 55 2/4/08 - WHOLE - RES. 080043, ETC. inquiry and investigation, et cetera. I just -- and in so doing, it certainly can help restore the public trust. I'm not sure that's an enumerated goal of the Board of Ethics.
You're right. It may not be an enumerated goal. I think that's one of the things under sort of the guise of having this Board in place. You're absolutely right, yes.
And what is the role of precedent in the work of the Ethics Board?
Well, it's hard for me to speak for the Ethics Board. My understanding being a lawyer, that the issue of precedence is one of the cornerstones of jurisprudence. It's law that's sort of embedded that we often as 56 2/4/08 - WHOLE - RES. 080043, ETC. lawyers look to in some guidance of some form. It's very important and it's always looked to.
Thank you, Madam President. Welcome and congratulations.
For the last year and a half or so, my staff has been researching some of the possible software applications for your education piece that you talk about, and we'd be 57 2/4/08 - WHOLE - RES. 080043, ETC. happy to share them with you once you're elected and once you're confirmed by the Council. One of the things that we found is that there is software available that you can put on each individual employee's desktop computer which actually tailors the software to the federal, state and local laws and allows a person to go in and ask a question online based on all of that software. So one of the things I think that the Ethics Board is responsible for overall is not only finding where there's problems but keeping people out of trouble in the first place. Because if there's information available -- obviously if someone wants to give you money to do something, that is clearly obviously wrong to do, but there are other areas of inquiries and questions and potential conflicts that a person working in the Streets Department or License and Inspection may have difficulty understanding, and if they're 58 2/4/08 - WHOLE - RES. 080043, ETC. perhaps resistant going directly to the Ethics Board, perhaps there's a way we can get them the tools they need at their workplace to answer those questions or to put them in the right direction. So we have a wealth of research we've been doing we'll send you guys, and hopefully you'll be able to implement those tools.
That's a great idea. One of the things that I've learned in being nominated is that the Board had been given a finite time of doing the training. So the training was done within the first year and it had to be done, and they met that deadline. There's certainly, at least from my conversations with the Ethics Board members, they're open to suggestions, they're open to trying to make the training as best and easy, because with ease comes no problems. So I think we certainly would, if I'm confirmed, take a look at that 59 2/4/08 - WHOLE - RES. 080043, ETC. software, because it gives the person somewhere to go to.
But I also think there was a shaking out period in the last election, or at least the primary election. I mean, it was very difficult for campaign staff and others and the staff at the Ethics Board to understand what was requested and expected of each other, and I think it was difficult, but it wasn't impossible, and I think with each subsequent election, things seem like they get a little better and we kind of understand each other. Now, there will be times when there will be differences of opinion, but I do think we got through it, and hopefully we can continue to refine and tune things and work together.
Well, I certainly will say that if confirmed, I look forward to your suggestions and look forward to working with you.
We'll send 60 2/4/08 - WHOLE - RES. 080043, ETC. it over to you. Thank you.
Are there any other questions or comments? The Chair recognizes Councilwoman Sanchez.
Thank you, Kenya. It was a pleasure meeting with you. Just to put on the record what we had briefly talked about, there is an expectation in the City around us raising the standards in our ethics across the public domain, and I think an important role in addition to educating Council, elected officials and employees is that the Board of Ethics also engage the community in its role in oversight. So as I mentioned to you at the meeting, I think it's important at some point for you guys to take the show on the road and 61 2/4/08 - WHOLE - RES. 080043, ETC. really get community input in terms of the different roles, because we're still trying to navigate all this check and balances in the system, but it would be important for you to hear from the community concerns and the practicality of some of the opinions that will be issued through the Ethics Board.
Right. And we talked about that, and I certainly saw some value in understanding, although the Ethics Board meetings are open to the public. To go out into the community and allow the community to perhaps understand what we do and understand what our role is and what our restrictions are certainly gives value to the citizens of Philadelphia and it also helps the City officials as well as the City employees. So, yeah, we did talk about that, and I will pass those along to the Board. And thank you.
Are there any other questions or comments from members of the Committee? (No response.)
Mr. McPherson? While we're waiting for Mr. McPherson, may I ask that Ms. Smith please approach the table, the witness table. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Good morning. I just need to get some clarity on this question about confidentiality as it relates to opinions, because I heard one thing and I think a couple other Councilmembers heard that and a couple other Councilmembers 63 2/4/08 - WHOLE - RES. 080043, ETC. heard something different. What is the current policy as it relates to opinions requested by members of Council?
The current policy is that opinions that are requested are confidential. They are presumed confidential unless the person who requests the opinion asks or agrees that it be made public.
And the discussion is the possibility after significant discussion with members and the Administration as to whether or not the reverse, that the presumption is that it will be public unless the requestee would request that it be private?
And that discussion would always occur. I mean, that discussion would always occur.
Okay. I just wanted to clarify that position. 64 2/4/08 - WHOLE - RES. 080043, ETC. Thank you.
I would ask Mr. McPherson to please read the title of Resolution No. 080074. MR. McPHERSON: Resolution 11 confirming the appointment of Lori Shorr as the Public School Family and Child Advocate.
Good morning. Thank you. Thank you, Madam President and distinguished Councilmembers. I'm honored to be here this morning. My name is Lori Shorr. Thank you for giving me the opportunity to speak with you regarding my appointment as the City's first Public School Family and Child Advocate. 65 2/4/08 - WHOLE - RES. 080043, ETC. I would like to start by giving you some personal and professional background on myself and then some preliminary thoughts on the work that lies ahead on education in this Administration. I want to begin by acknowledging those who have advocated and supported my own educational journey and have enabled me to sit in front of you today. I grew up in Pittsburgh in a hard-working family who afforded me the luxury of pursuing my dreams of going to college. D. at the University of Pittsburgh. , I worked at Temple University in the Office of the Provost where I worked on aligning curriculum and assessment between the 66 2/4/08 - WHOLE - RES. 080043, ETC. School District of Philadelphia and the University. It was here that I began to understand the need for the whole City to pull together and to make sure every child had the same opportunities I and many others take for granted. After that, I moved to the President's Office to help Temple manage its five partnership schools. I then served as Special Assistant to the Secretary of Education in Harrisburg. There I worked on developing the state's first dual enrollment program, which provides an opportunity for students to earn college credits while still in high school. Most recently, I directed the Governor's Commission on College and Career Success. Mayor Nutter sat on that Commission. Many of the Commission's 12 recommendations are currently being implemented in Harrisburg. As the Chief Education Officer for the City of Philadelphia and the 67 2/4/08 - WHOLE - RES. 080043, ETC. Public School Family and Child Advocate, I feel our work is clear: To make sure that the City of Philadelphia creates and maintains an educational system in which all children flourish. Our dropout rate is one of the first things we must tackle. The dropout rate in Philadelphia will be a major focus of our work in the next five years. To put this in perspective, in a freshmen class of 100 students in Philadelphia, about half of those students, around 50, will leave the system without a diploma. The implications of that for students are far reaching. The impact on the City is undeniable. The majority of folks who do not have a high school diploma in Philadelphia are currently not in the labor market. When they are able to find employment, they work less hours for lower pay. Over their lifetime, a dropout in Philadelphia will earn about $475,000. A student who earns their 68 2/4/08 - WHOLE - RES. 080043, ETC. degree will earn about 870. The difference for that in the City is tremendous. This is a crisis that affects everyone and one that we all will have to take on together. The task is large. Now more than ever the City must work to connect social services, including behavioral health services, social workers and other community resources, to support the day-to-day work that's happening in schools. I'm sitting in this seat before you with the goal clearly in mind for these students. It's been clear for some time our City is not structured to support each child to succeed and thrive in his or her school and community. For too long our children and youth have suffered under a fractured, disjointed system where it is much too commonplace for the educational, social and emotional needs to be treated as three different segments of that same young person. I resolve to 69 2/4/08 - WHOLE - RES. 080043, ETC.
work on behalf of the Mayor and this body to collaborate with every City agency that touches the life of a child, for those who provide mental and physical health services to those who police our streets and work tirelessly to keep them safe, from those who work to provide economic and employment opportunities for adults to those engaged with setting financial direction for the City. We can no longer tolerate the status quo in this work. In addition, there are too many families in our City who have one seemingly simple desire, to send their child to a school that is family and community friendly, with adequate resources to help all students achieve at high levels, that prepares every student to succeed in college and career. This desire is a fundamental right, and as the Public School Family and Child Advocate, I will work to ensure that this right is fulfilled across our City. 70 2/4/08 - WHOLE - RES. 080043, ETC. This work will require me to collaborate with education advocates both within our City and across the State of Pennsylvania as we fight for adequate funding for all Pennsylvania schools. From my work both in the City of Philadelphia and at the state level, I've learned how important cross-state collaborations are in making real policy change happen for kids. The State Board of Education commissioned a recently released costing out study that showed us all something we've known for far too long: Too many Pennsylvania students are being drastically shortchanged simply because of the city they live in or the zip code they live in. This problem doesn't just involve the City of Philadelphia but includes districts across the region and across the state, urban, rural and suburban alike. Almost every district across the state, 471 of the 501 districts to be exact, are struggling to 71 2/4/08 - WHOLE - RES. 080043, ETC. do more and more for our kids with fewer resources available. Philadelphia alone is due about 900 million based on the study's findings. Just ask our teachers and principals what these funds would allow them to afford, more educators, more counselors, updated books students could learn from. The time has come for this persistent inequality to end. I consider it an honor and a privilege to be considered for the position of Philadelphia's Public School Family and Child Advocate. With the great need that currently exists in our City to provide real educational opportunities for all students, it's critical that this advocacy happens in policy and practice. The Mayor has pledged to be a leader in this reform effort, and I am fully committed to doing so as well. We must make bold change, and, again, I'm honored to be called to this task. In closing, thank you for the 72 2/4/08 - WHOLE - RES. 080043, ETC. opportunity to testify before you, and I welcome any questions you might have.
Thank you very much. Are there any questions from members of the Committee? The Chair recognizes Councilwoman Tasco.
Welcome. In the section where you talk about what a child needs, the City is not structured to support each child, could you give me an example of a case that you might -- a student that you might deal with in the system using all of the services you outline here?
What comes to mind first is, we know that a child who is involved in a juvenile justice out-of-home placement has to go between the School District and then through the 73 2/4/08 - WHOLE - RES. 080043, ETC. justice system to an out-of-home placement, then back into the School District if they're going to complete their educational goals. And what happens is, when kids cross those institutions, it's very difficult to make sure that they're getting all of the supports that they need in a continuous manner. So when you look at a child like that, who might go from a school, a regular Philadelphia day school to a disciplinary school to a juvenile justice, how do their records get transmitted, how do you make sure that they have a constant social worker who helps them make that commitment to finish their education, how do our City agencies dovetail with that effort so that we're thinking not about this kid is your kid or that kid is your kid or my kid, but it's a kid that we all have to work together to make sure gets the services that they need, whether that's behavioral 74 2/4/08 - WHOLE - RES. 080043, ETC. health, whether that's emotional support, whether that's housing, no matter what those social services are that have to be in place in order for a child to graduate from high school or to really fully engage intellectually in a classroom. Even if they're not in juvenile justice or someplace else, a student can't take the risks that it takes to learn something new if they're concerned about their own well-being or if they have someplace to go to that night, and that's where the City comes in, to make sure that that part of the work is taken care of.
And I understand that, but how do you make that happen? I mean, what is your role if you have 5,000 students who are in the system and some may be getting service from DHS, some may be getting service from CBH, some --
Right. How do you make that happen. 75 2/4/08 - WHOLE - RES. 080043, ETC.
Do you have the staff? Is it a policy-making position, that you're working with the other departments to set up a system to make this happen? How does --
And I think we're still figuring that out, but I'll tell you what my current thoughts are on that, and I'd be happy to hear back from those of you who have thought about this from the City perspective longer than I have. I think that real change is about systemic change, so that we're definitely going to spend time on policy and system change, but we also will be getting calls from parents to say, This has happened to my child, what can I do, and we're committed to making sure that that request, A, gets logged so that we can see where the hot points are for parents, where's the system breaking down most. We'll log that. But then also connect them to the right folks inside the School District to make sure that -- 76 2/4/08 - WHOLE - RES. 080043, ETC. and we're actually talking about how to work with the Mayor's action team as well to make sure that that can happen. So I think that those are our current thoughts around that.
Councilwoman Blondell Reynolds Brown last term sought to set up the Benefits Bank, which is a tool -- and I think we're going to have some discussion about that later. If the child is identified in the system, the computer system, his name or her name is put in the system, then you can track from that system, if it's set up correctly, and the Benefits Bank I think is designed to help us identify individuals and what services that they have and possibly additional services that will help you track the student. Have you talked to anyone about the Benefits Bank?
I haven't heard that particular term. I know there's DSS Cares, which is one type of tracking, but 77 2/4/08 - WHOLE - RES. 080043, ETC. I don't -- I've got to find out. I don't know about the Benefits Bank. I'd be happy to come meet with you and find out what that is and how it can help us in the work that we have in front of us.
Well, because the coordination can be done, needs to be done. At one point in time when I first came here, the Health Department was not talking to DHS and wasn't talking to the other departments. Some were billing, some were not billing for services. So then Estelle Richman got them all together so that you could track the student or the individual, not necessarily the student, and so that all those services were coordinated. Now, what kind of staff are you going to have?
Well, I have a deputy, who is in the audience today, Sharon Tucker, and an administrative assistant. 78 2/4/08 - WHOLE - RES. 080043, ETC.
Well, you better get a good computer system, because you're going to have a lot. Because at the end of the day -- and I think it's nice to have the advocate and have that position, but the bottom line is, how does it get done. At the end of the day, how do we help the student access all the services that are available to him or her. And certainly you're going to have to help set the policy with all the other department heads, which I believe are cooperative people, but it's not an easy task.
No. From just the initial conversations I've been having, it doesn't seem like an easy task, but it seems like a necessary one. So whatever thought has been given so far to how to make that happen in a more coherent way and comprehensive way, I'm anxious to have those conversations.
I don't know how this Administration or how this 79 2/4/08 - WHOLE - RES. 080043, ETC. Mayor feels about the Benefits Bank, but as I involved myself in it some years back, it seemed to be a good tool to use as a tracking system for a person who is in the City system receiving services from the City, and so you know a little bit all about that one individual and you just click online.
You're welcome. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Good morning and congratulations.
This is a confirmation hearing, and though I am extremely excited and anxious to do a lot of follow-up with what Councilwoman Tasco 80 2/4/08 - WHOLE - RES. 080043, ETC. has raised, know that we still have examples where there's still gaps in the service continuum for young people, and we look forward to speaking with you about the Benefits Bank, and I'm delighted to hear that you recognize that there's still a need for systems talking to each other. I mean, credit goes to Estelle Richman, who saw it, who got it and then attempted to put things in place, and there's been some movement across City departments, but we still have incidents like the one you describe, a child is at DHS and in other systems in government and there's no clue about that. So know that I look forward to speaking with you and talking with you at length about that and look forward to public policy that will help us inverse those numbers of 18 percent going to college and 45 percent dropout, hopefully inversing those numbers to where 45 percent of our young people are going on 81 2/4/08 - WHOLE - RES. 080043, ETC. to college and only percent or fewer than that are dropping out. So I will put a comma here, push the pause button and look forward to both budget and a one-on-one sit-down with a couple of resolutions we've already introduced on those issues.
14 You're welcome. 15 The Chair recognizes 16 Councilwoman Sanchez. 17
Yes. 18 Hi. I just want some clarification. Do you see yourself more as helping the Administration interpret policy as it relates to children and family or do you see yourself as the connector of the dots, or both?
I think -- well, if the last week can be any indicator, it 82 2/4/08 - WHOLE - RES. 080043, ETC. seems to be both. I mean, the work that I've done up until now has always been about connecting people in different institutions to have conversations at the same table about one issue and trying to push it forward. That has to be done with some policy background and knowing where people are coming from. So I think it's got to be both. Let me ask you this on your question: Was that connecting dots to be between individual people who call the office?
Yes. No, I think it's system alignment is a big part and then also an advisor to the Mayor on policy. So both of those.
Now, do you see yourself advising the Mayor in terms of what pedagogical approaches we should be taking?
Well, I think I 83 2/4/08 - WHOLE - RES. 080043, ETC. would have to rely on folks who are more expert than I in areas, and that, I think, probably just comes from my background of always looking to who has done the work, who knows the history in the City of an issue, what does national best practice and research say. That's how I always approach my work. So I would approach it in the same way. I have my opinions based on the work that I've done over the last ten years, but I try to keep informed of what the field is saying and what's worked before and what's the history of how it has and hasn't worked in Philadelphia. Because you can look at national research, and I think we need to, we need to look at other urban setters who are taking on this work and learn from them. At the same time, Philadelphia has some of its own issues, that you have to be able to know that history to know whether or not those are translatable sort of practices. 84 2/4/08 - WHOLE - RES. 080043, ETC.
You mention the cost-out study, and I was encouraged over the weekend that the Governor is looking at increasing the funding, although nowhere near where the cost study shows. Is the Administration looking -- because money is important and I'm all for the money, but also we have the added experience in New Jersey where we pumped in a lot of money into, "we" government, pumped in a lot of money into a bad system and haven't gotten the returns. So that's why my question -- because it just seems to me like a huge task if you're going to be doing policy plus connecting the dots.
Well, and this may not be the full size of our staff, but it is what it is right now. But I hear what you're saying to me.
And I'm saying that as an advocate, because to set you up in a position and there's not real support financially to be able to do 85 2/4/08 - WHOLE - RES. 080043, ETC. that type of work, it's just incredible at a time when we have leadership transition at the School District. In my case, 20-something schools in corrective action II, which in a timely fashion we're looking at privatizing, chartering them, all those types of things. So I need to know if your office is going to be the office where we can talk about are those some of the system ways that we go or do we look at other things, and then you get bogged down on the case-to-case study, which is important. But we're at a crossroads with the School District and we have an opportunity because of the leadership, the new leadership coming in, and I just want to make sure that our eyes is on the big institutional prize and how do we make the system work for the 175,000 students.
Yeah. I think that systems work is a big part of what we're going to be doing. 86 2/4/08 - WHOLE - RES. 080043, ETC.
Thank you. The Chair recognizes Councilman Jones.
I agree with my colleague when it comes to the importance of giving people the tools to be successful. We hope to be a value added in that regard to make sure that you get what you need, because what your mission is is at the core of a lot of things that are either right with our City and wrong with our City by way of the education and the plans for educating our youth. A couple of things that I'd like to bring to mind as you connect the dots -- and that goes back to the Benefits Bank issue -- there are a lot of 87 2/4/08 - WHOLE - RES. 080043, ETC. young people who leave money on the table, a lot of parents that leave dollars and resources on the table because of a number of issues. One of them is lack of marketing and knowing that these resources exist. I had an opportunity to meet with some folk to provide the Hooked on Phonics type of tutorial that is available for Title I students, that there is a 17-day provision that allows a kid that is suffering in the disciplines of reading and/or math to get days' 15 worth of tutoring, but a lot of Title I 16 parents don't know that that is available 17 to them. So at the end of the year, that money goes back to the budget and is reprogrammed to go to some other use. Well, keeping in mind with the scores that a lot of the young people at least in my district are getting in those critical areas and discipline, we need to market that better. We need to let parents know that for 17 days if you 88 2/4/08 - WHOLE - RES. 080043, ETC. can't afford tutoring, if you aren't capable of helping your kid with homework yourself on a subject matter, that these resources are available to you. So I'd like to see someone advocate for using some of those dollars to market to those people in need of those services, number one. The second thing, I'd like you to take a look at the role of sports in the education process. I know for one, one of the reasons I stopped being one of those young men in the dangerous demographic on the corners of the City of Philadelphia was because when I came home from track and field at Overbrook, I was just plain too tired to hang on the corner. So one of the things that I want to look at is sports as a violence intervention mechanism and to see how we can continue that in the areas of track and field, basketball, football, but also to put some tutorial on those sports to 89 2/4/08 - WHOLE - RES. 080043, ETC. help our athletes be able to pass the SATs. The third thing that I'm passionate about and hope that you will take a look at in your new role and capacity is mentoring with private sector firms. We need to look at our curriculum and see if it's designed for real job opportunities after the high school experience.
In Germany, there are companies, whether it's Daimler Chrysler, where a young person goes to school part of the day and then in the afternoon works with a master that may have been in the area of catalytic converters and helps to actually assemble them, design them and knows that business by the time they graduate from high school. We need to take a hard look at real jobs in real Philadelphia area markets. One comes to mind is the Visiting Nurses Association, which has 90 2/4/08 - WHOLE - RES. 080043, ETC. been in Philadelphia for over a hundred years. They are a major employer. Because of the age of the average Philadelphian, that service of going to homes, providing nursing care to our seniors is a vocation that is not going away but, in fact, is going to increase in demand. It seems as though that they could work with the public high school, an academy or one that is a vo-tech high school to work with curriculum designed to empower young people, at the day of their graduation be eligible for a real job opportunity. You could go on with in Parkside there is a kiosk company that makes the kiosks that are found in our airports that would love to have young people that are carpenters and wood workers to come and work with them during part of the day to learn their craft. So I'd like us to take a harder look at as we provide tax incentives to companies to locate in the City of 91 2/4/08 - WHOLE - RES. 080043, ETC. Philadelphia. One benefit, one extreme benefit, could be working with the public education sector to design curriculum that provides real opportunity for real young people at the 12th grade experience. Thank you.
Thank you very much. The Chair recognizes Councilman Green.
Thanks for coming in today. It's great to have you here. I'm really looking forward to seeing what you're going to be able to do as the advocate for our children. I had a specific question about your testimony, and, that was, you mentioned the costing out study, 900 million to a billion to Philadelphia. Many municipalities have in the past in 92 2/4/08 - WHOLE - RES. 080043, ETC. other states tried to require the state Legislature to provide funding by suing essentially under the state Constitution saying each child -- it's a state obligation under the Constitution. We've never before in the history of the Commonwealth -- this has been talked about and somewhat tried, but we've never before in the history of the Commonwealth had actual proof in terms of numbers of the disparity between the different school districts and what the proper spending level is for, say, Philadelphia and the other school districts. With that in hand, would the Public Advocate for children be suing the Commonwealth?
I haven't had those discussions with the Mayor. And when we think about what our role is in Philadelphia, not just our role statewide in advocating, but now that we have proof in hand, what we do with that I think is an important conversation to have, but we haven't had it yet. 93 2/4/08 - WHOLE - RES. 080043, ETC.
I think 86 million as great a step as it is from the state is not even close to what we need for Philadelphia, and as the advocate and as fiduciaries for our kids' futures, I don't see how we would have a choice but to sue the state for that funding.
Well, and that 86 is just proposed. I mean, even that still has to get into the final budget.
Right. Anyway, I noted you were planning on working with other school districts. To the extent it wouldn't be just Philadelphia, but we could do that on a statewide level, and I think that would be terrific.
Yes. Tomorrow we're having some conversations up in Harrisburg with other folks around the Commonwealth who are placed similarly to us in terms of our funding gaps to find out what coalition can be built.
Great. 94 2/4/08 - WHOLE - RES. 080043, ETC. Thank you, Lori.
What is your relationship going to be with the School District?
Well, in that the SRC has mayoral appointments and gubernatorial appointments, I'll be working closely with the SRC and with the executive level of the School District of Philadelphia around pressing issues like funding, but also looking at what's coming up on their docket to find out the ways in which the City can work with them, so what's coming up on the SRC dockets for the next couple of months. I've already been in long conversations with Commissioner Glenn and have not yet had the chance to meet with the other commissioners. So I think we've had two folks who have been in roles similar to mine 95 2/4/08 - WHOLE - RES. 080043, ETC. and they've had different relationships with the School District. I'm planning on being very connected to those commissioners and to the School District executives over there.
Because as I think about what we just talked about and the services that you would provide, it seems to me that it would be the School District who would have or should have the information about the students in their system --
-- so that they could track it and should have the administrative staff to provide that service rather than having yours as an advocacy office and not a --
Right. I don't think we're planning on running that data in our little office. Because data sharing is a difficult thing to do, I think it's going to take a lot of folks with a lot of expertise to make these 96 2/4/08 - WHOLE - RES. 080043, ETC. different data systems speak to each other in a way that can really inform policy, and that's one of our goals.
Okay. And while Councilman Jones advocates for sports, since music is the name of the game these days, I'd like to see music and art promoted back into the school system. I think it's very, very important and I think we're missing a lot in terms of not only the hip hop music but also the classics.
Right. And that goes to engaging kids in what's happening in the school, because if it's not engaging, then it's difficult for them to meet the rigorous standards we want them to meet.
Thank you. Are there any other questions or comments from members of the 97 2/4/08 - WHOLE - RES. 080043, ETC. Committee? (No response.)
Ms. Smith, I understand that you want to be recognized for a moment.
Yes. Thank you. I want to make clear -- I understand that my comments earlier about the confidentiality of opinions have caused some concern, and I want to make clear -- and I've had some discussion with the Mayor about this -- that the opinions that any one of you request will be confidential unless you tell us that you would agree otherwise. They will be presumed to be confidential unless you tell us that you do not object to them being made public. I want to emphasize that.
Councilman Clarke, did you hear 98 2/4/08 - WHOLE - RES. 080043, ETC. Ms. Smith's statement?
No, Madam President. I'm sorry. I wasn't paying attention. I apologize.
Ms. Smith, I hate to ask you to please repeat, but for Councilman Clarke's benefit, I wish you would.
Sure. I said I understand that my comments earlier have raised some significant concern among the body and I want to emphasize -- and I've talked to the Mayor about this -- I want to emphasize that the advice that you request from us, the opinions that you request from us, will be confidential unless you tell us that you will agree otherwise.
Does anyone have any questions of Ms. Smith? (No response.)
Any 99 2/4/08 - WHOLE - RES. 080043, ETC. comments? (No response.)
Thank you. I think you've made your point very clear.
This will conclude our public hearing. We will now go into our public meeting, and the Chair recognizes Councilwoman Tasco regarding Resolution 14 No. 080043.
Madam President, I move that Resolution 080043 be reported out of Committee with a favorable recommendation. (Duly seconded.)
It has been moved and properly seconded that Resolution No. 080043 be reported out of Committee with a favorable recommendation. All in favor will indicate by 100 2/4/08 - WHOLE - RES. 080043, ETC. saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Tasco regarding Resolution 11 No. 080045.
Madam President, I move that Resolution 080045 be reported out of Committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Resolution No. 080045 be reported out of Committee with a favorable recommendation. All in favor will indicate by saying aye. (Aye.)
Those 101 2/4/08 - WHOLE - RES. 080043, ETC. opposed? (No response.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Tasco regarding Resolution 8 No. 080074.
Madam President, I move that Resolution 080074 be reported out of Committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Resolution No. 080074 be reported out of Committee with a favorable recommendation. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. 102 2/4/08 - WHOLE - RES. 080043, ETC. Thank you very much and congratulations. Congratulations. (Committee of the Whole adjourned at 11:55 a.m.) - - - 103 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 4, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)