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.