My understanding, that there are a number of individuals who are given lesser crimes, and they are required -- they are given community service sentencing, as opposed to jail time. And every year I ask the question trying to get a handle on who is responsible, because I understand they may be different categories of community service and different sentencing requirements. And I walk away never knowing who is in control of all of this.
Well, community court itself was specifically designed to address quality-of-life type crimes. And we started 98 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 out addressing summary offenses, and it has been expanded since its inception in February 2002 to include some misdemeanor.
I am familiar with community court. I am, actually, on the Board of that. But prior to us even having community court, individuals have received community service.
That's correct. In the adult probation department, for instance, we have individuals that interface with the recreation department and other agencies within the city and with DHS and CODAAP and other areas where there may be defendants that are sentenced to community service. And, as a result, we'll go out on Saturdays to clean lots and recreation centers and things of that nature with the defendants that are sentenced to those probationary periods. So that we have some supervisory responsibility at the adult probation level to 99 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 do things of that nature. But, it is limited in scope.
Is it the probation department that's in charge of that program? HONORABLE MASSIAH-JACKSON: No. 8 Councilman, a judge, any judge, sitting in adult court may sentence an individual, if it is appropriate, to a probationary sentence, let's say months probation, and that 12 defendant must do a certain number of hours of community service. When that sentence is imposed, then that defendant goes to the adult probation department and has a probation officer. And then, as Mr. Cairone has said, the probation officer coordinates a community service and provides the judge with a count, you know, defendant so and so has done one half of their community service, up to the 100 percent.
Is there any one individual in the probation department that's responsible for crafting that program? Because the reason I am asking this 100 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 question, my understanding is that there are substantial amount of individuals who have received alternative sentencing, i.e., community service programs. And I never -- I don't know who is responsible for the entire program. You have just said that a probation officer gets an individual. And I am assuming that that person just lends that person to a particular organization. But one of the concerns that I have, given the realities of our budgetary process, we are going to probably be in a position where we will not be able to deliver a substantial number of services, particularly as it relates to labor. We had Fairmount Park Commission in here the other day, and I know that that's going to be a union issue somewhere down the line. HONORABLE MASSIAH-JACKSON: Councilman, are you suggesting --
With Sheriff Green sitting here, I remember his initiative 101 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 years ago, and the unions rose their head and said, no way. HONORABLE MASSIAH-JACKSON: Councilman, are you suggesting that the judges should sentence individuals to delivering -- to picking up trash or cleaning up the park?
Yes. I mean, we have Fairmount Park Commission in here, and they were talking about their inability.
We actually do some of that at the rec centers and in vacant lots in areas when we are contacted, and we interface through other city agencies to perform those services. Now, we in the past have considered trash pickup and things of that nature. But we were always reminded of the union issues, and that's why we have stayed away from it.
So when I contact an organization -- and I hate to use the name, because they may get in trouble -- but there is an organization, Self Help, Incorporated, as an example. On occasion we contact them, we have 102 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 a community cleanup, and they bring a group of individuals. And I assume they are under some sort of a program, and they help us clean up the vacant lots and other things in the neighborhood. Are they a part of that program? HONORABLE MASSIAH-JACKSON: Not necessarily.
We may interface with them on occasion. But we try to work with the recreation department directly and other city agencies that require these services. I can send you the name of someone in adult probation and juvenile probation that you can contact. I will send it through the Council President, so everyone can have it, and then we can work with you toward that end.
Councilman Clarke, does the Managing Director -- I have been working with an organization that I am involved with, and we work pretty much through the Managing Director's Office. 103 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Are they the clearinghouse? Is the Managing Director the one we should be talking to?
We supervise the individuals, but we work with other city agencies to provide the services. They identify what's needed.
We have done some stuff up in my district. I'm sure Councilman Clarke has, too. When we do stuff, if you are in that halfway house -- when you go up and do some work in Fairmount Park, and actually the place, Councilman Clarke -- it is hard not making eye contact. If you do something with Councilman Clarke or myself, and you go up to a halfway house, if you are a resident of that halfway house, you have so many hours of community probation that's not involved with yours. But the community probation we are 104 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 talking about, or the Councilman is talking about, you could just call the Managing Director and say, look, I want to clean up a rec center this weekend, we have done it many times. Do you have anybody who has community service that needs to be done. You have a lot of people that need community service. Goldsmith, the Managing Director, has none. Here is the problem, as I found it. Years ago -- and this wasn't really be adult probation, but it was with juvenile probation -- someone got caught selling. If Andrew comes to me and this kid has 100 hours, look this way, Andrew, your kid is not old enough for that. We let them slide 50 hours, and he slips me 200 bucks, that happens. So, therefore, that killed that. We have to have people with this organization I work with, they have people that are retired businesspeople, retired military. They are actually the supervisors. They don't pick up a shovel; they are just people that say, you sent me 20 people, and 105 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 everyone worked 8 hours, and this is the name of the people. Massiah-Jackson, I see your picture on your license. And we know you are Joe, and we know who you are. You work your way down. That's strictly how it is. But from what I understand, it was the Managing Director's office that was the middleman, the clearinghouse, for all of this stuff. Is there any truth to that?
That's my understanding. In fact, though, we have developed a relationship with the recreation department, so they do contact us on occasion directly if there is a rec center that needs some service and we can provide it.
Maybe there is something here that needs to be tightened up. And I am going to volunteer myself and Councilman Clarke. Maybe we can do that with this organization that I was working with and maybe a couple he has or some other Council 106 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 members.
Point of information from Councilman Rizzo. Just a point of information. There are a number of Council Members that still want to be recognized, and we have other departments here waiting.
And Councilman Clarke is still up. But I just want to ask quickly. I think I am confused on who is responsible. When I drive out to Montgomery County, I see the bus with all these folks dressed in orange cover-alls picking up paper on the 422. Who is responsible to set up programs like I see in Montgomery County, if we did something like that? There is an organization called Ready, Willing and Able I see picking up papers and trash on the Drive. Do you think 107 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 it is time that we revisit with the unions exactly what we can do and what we can't do? Is it the court's responsibility or is it the jail's responsibility?
Well, I think the programs that you are seeing in Montgomery County and other jurisdictions, especially if they are in orange jumpsuits, is county prison. And I know the state institutions have similar programs, as well. So I think that would be a county prison issue.
So the courts would not be involved. If we wanted to go up to State Road and get 50 inmates to come and clean up the park, would the courts have to say that they are okay to do that? HONORABLE MASSIAH-JACKSON: Councilman, one of the concerns you might want to consider -- you know, I don't know how far you want to go with this -- is the liability issues, if anyone gets injured while they are -- because you have decided on community 108 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 service. So, it is a concern.
I will wait for my turn back and come back. But I think there is a difference between community service and what I see in Montgomery County. When you are incarcerated and you are loaded on the bus and taken out to the roadway, that's not community service.
I will wait. I want to let my colleague get back to his questions.
Yes, I am a little confused, also, as a result of who has jurisdiction over this program. But I want to make sure that we are talking about the same thing. I'm, essentially, talking about a sentence given by a judge that you are to provide a certain amount of person hours in the community. And I don't know if the judge gets into the level of detail of telling that person what type of community service they are 109 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 supposed to provide. I don't know if that's done.
Not usually. So my question is, once the judge mandates that that person goes to where, a probation officer?
If it is a probationary sentence, then certainly it is supervised by the probation department.
And the probation department works with the Managing Director's Office.
And city agencies, yes. HONORABLE MASSIAH-JACKSON: Depending on the type of community service, yes.
We are contacted. And I am not sure if it is through the Managing Director's Office. But I know that we work extensively with the recreation department in 110 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 doing these things, in cleaning vacant lots and recreation centers. And when we are contacted by either rec leaders or the department heads, then we will provide the services. And we work with them so that we make sure that the probationers do the required service hours that are mandated by the court's sentence. HONORABLE MASSIAH-JACKSON: I remember one time I used to sentence individuals to paint. In the summertime, you know, like to paint walls, paint the graffiti, things of that nature. So there are agencies within the city that our probation department has contact with. Because somebody has to keep the hours and keep the time that these individuals go out.
Right. All right. Can we do this, because I am afraid I am going to end up walking away the way I walk away every year on this particular 111 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 question. Can, Your Honor, you assign someone to meet with whomever the Chair designates as appropriate -- and I would like to be in that meeting, if that person is not me -- along with the Managing Director's Office, to sit down and talk about this process in some level of detail. Because I think that if there is a more structured program, I think that we can achieve some good. And I think that it might actually help the individuals who are mandated to provide this community service if it is a more structured program. And then this person could be tracked and, hopefully, at some point integrated into society and into a meaningful job and hopefully never come back into the system. But I am just concerned it appears it is just a, you know, random sentence, and the person is given to a particular officer, and they are thrown somewhere, where we may need them. And from what I hear, more often 112 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 than not we don't utilize that particular resource, the intention of the program.
We did utilize it to the tune of in excess of 58,000 last hours out of community court. So, it is not like we are not utilizing it.
Community court is a different animal. Community court is a very structured program. Because, as I said, I sit on that Board. And that's the way you do it. It is a structured program that provides assistance in terms of individuals getting their GED, individuals getting any drug treatment, activity is provided. But what I understand, there is a whole other community service mandate that doesn't have that type of structure. And maybe we ought to send people through community court, maybe that's makes sense. HONORABLE MASSIAH-JACKSON: It depends on the degree of guilt. So, for example, community court, as you are familiar with, is not only -- tends to 113 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 be misdemeanor cases. But we could find someone who has been found guilty at a felony level, with a longer sentence, where there is some combination of jail time, as well as community service time. But what we will do -- and I will stay in touch with Madam President, Council President -- and we will get a group together with probation department, the Managing Director, and with you or her.
And I want Councilman Clarke to be present, because this is an issue that comes up every year. And I think we ought to finally get some response and work it out. HONORABLE MASSIAH-JACKSON: We will be happy to do that.
Real briefly, one last question. Traffic Court, you indicated in your testimony that that's a part of revenue enhancement portion of your budget. I am assuming that over the last couple of years, 114 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 since live stop was implemented, there was a substantial amount of revenue taken in by Traffic Court? HONORABLE MASSIAH-JACKSON: Yes.
And, subsequently, a substantial number of vehicles sold at auction. Talk to me about that process. What money goes where, first of all? I understand a lot of people, we implemented this amnesty program, and people were standing in line around the corner to come in to pay off their traffic tickets.
We are not involved in the sale of the vehicles, that's through the Parking Authority. But, obviously, we are involved in the citation process and the collection. And I mentioned in my testimony, just over the last two years the Traffic Court has enhanced their collections by over $4.4 million over the last two fiscal years. And we anticipate that it will continue to increase with the initiatives that 115 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 they have developed. And one of the things that we --
Well, we have an electronic citation program that we are working on now with the Philadelphia Police Department that will enable us to get the citation into the Traffic Court computer system more quickly, and we will be able to process it more quickly. And we think THAT that will enhance collections. And we have had some awareness programs that we have initiated in the past, such as the amnesty program. And we anticipate that we will continue to have programs like that.
No, I didn't say that. I said we anticipate doing programs of that nature in the future. We are not getting ready to do one now.
I wanted to let 116 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 my folks know, if we were going to do that. One last question. In your testimony -- you may not be able to answer this, but it is in your testimony on -- is it percent reduction in ticketing 7 activity by the police? What do you attribute 8 that to? 9 HONORABLE MASSIAH-JACKSON: Well, 10 Councilman, we cannot address why there is a 11 reduction in ticketing by the police. 12 But we are very proud of the fact 13 that we have increased the revenues collected. 14 And we know that this Council is sensitive to 15 that. And we have increased the revenues 16 collected. 17 So that I think last year $30 18 million was collected, 15 million going to the 19 city and the other half going to the state, 20 based on Traffic Court's efforts. 21
It was just an 22 odd number, given the aggressive nature of some of the initiatives that have been put in place by, actually, some Council -- Council passed the live stop ordinance some time ago. 117 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 I will ask the police department about that. Thank you, Madam President.
Thank you, Madam President. Good morning. HONORABLE MASSIAH-JACKSON: Good morning.
About a week from now we will be discussing tax reform for a couple of days. And one of the things being considered will be property taxes. Currently the Board of Revision of Taxes is situated within the judicial branch. And as we consider any number of different property tax bills and revamping the whole property tax system, there have been proposals in the past and may be proposals in the future that discuss the elimination of BRT and the shifting of those functions to the executive branch of government. Can you tell me how you feel about 118 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 those proposals and what value is having the BRT situated within the judicial branch has? HONORABLE MASSIAH-JACKSON: Councilman, the Board of Judges appoints the members who sit on the Board of Revision of Taxes and Board of Review. However, that Board of Revision is independent, it is not a branch of the judiciary. And we, meaning the judges, have no responsibility, no oversight responsibility, in any manner.
Well, likewise, neither do we as a legislative branch or the executive branch. So I guess my question is, you say you appoint the Board, and then it is an independent agency. I guess what I am saying is, as we look to revamp the property tax system, how it should be constructed, is there any particular value in keeping it as it is, in the judicial branch, even if it is just a matter of the Board of Judges appointing the Board of Revision of Taxes? HONORABLE MASSIAH-JACKSON: Well, 119 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 certainly our judges appreciate the fact that -- I believe it was the city Charter, I'm not sure where that power and authority first was created. Well, all I can say is, we appreciate that. However, I think the value of having an independent body is certainly -- takes the pressure off of the other bodies, if they did have oversight.
It actually does not take the pressure off of it, particularly if we are going to move to a land value tax. And if we then have to begin setting tax rates on an annual basis, it is going to fall in the lap of the executive and the legislative branch. So is there any particular value you have in holding onto it? HONORABLE MASSIAH-JACKSON: We have not discussed that among our judges because it just hasn't come up.
Thank you. 120 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Councilman Ramos' line of questioning triggered some additional questions I have with regards to my request for a breakdown by gender and ethnicity of the composition of the adult and juvenile probation. Could you provide a visual for me, a table of organization, so I can actually see the inter-relatedness of those departments for both juvenile and adult probation, number one. Number two, is it accurate that the President Judge is elected by your peers? HONORABLE MASSIAH-JACKSON: Correct.
How does the Administrative Judge happen? Who is responsible for either that appointment or the election? HONORABLE MASSIAH-JACKSON: The Administrative Judges of Common Pleas Court and Municipal and Traffic Court, when they did 121 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 have Administrative Judges, they are appointed by the State Supreme Court.
Okay. What is the defining difference between the role of the President Judge and the roles or responsibilities of the Administrative Judge? HONORABLE MASSIAH-JACKSON: The Supreme Court has Rules of Judicial Administration, which are printed in our rule book pretty extensively, which review the responsibilities of the President Judge and the responsibilities of the Administrative Judge. I don't have it, you know, on hand.
Let me ask a more specific question to that. Who is ultimately responsible for the either professional development or promotion of probation officers in those two worlds, juvenile probation and adult probation? Who makes the ultimate decision? HONORABLE MASSIAH-JACKSON: The Administrative Judge of each division.
Thank you, Madam President. Thank you. 122 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
Thank you, Madam Chair. Longer than we thought. I would like to go back to the Montgomery County model, where you see a work force that's provided by, I would assume, the county prison to go out and do some jobs, clean up the roadway, whatever. You can always tell when they are there because the remnants, they leave the little bags for someone to pick up later. But we have an organization in the city already that I see working, it is called Ready, Willing and Able. We create special service districts that, obviously, the unions have to buy into to be okay with it. When a person is sentenced in Philadelphia that goes to a city institution, would the courts have to say that this particular person would be okay to go out and clean up Fairmount Park, clean up a vacant lot, a work detail? I know that for years, since I have 123 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 been a kid, I have been hearing the unions, the unions, the unions. But I think it is about time that someone sits down with the unions and sees what is appropriate here. Because the Fairmount Park is in such disrepair that there are places where you used to be able to walk, where you can't any longer because there are trees across the walking paths. They can't bicycle in certain areas because of the condition of some of the trails. At your level, do you need to do anything to have the Sheriff's Department -- maybe I will ask Sheriff Green. I assume he would have to be responsible for transporting a work force to a particular area to provide that service. What is the court's involvement in creating an environment where we could do that? HONORABLE MASSIAH-JACKSON: I am going to start, but then Mr. Cairone will fill in. When a judge sentences an 124 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 individual, first of all, we are not always familiar with everything in that person's background to be sure that they are able to be out on leave, out in the parks, or something of that nature. And we have been asked as judges not to sentence someone, for example, to community service outright; but, rather, to sentence them to have an assessment made as to whether or not they are appropriate for community service or some other type of program. Because, certainly, if someone has a drug problem, a mental health problem, or other issues, they may not be appropriate. But assuming someone is appropriate, then we could have a sentence of county time with some sort of a work program.
Not to interrupt you, but let me make sure I am understanding. In my mind -- and I think I am correct -- community service is in lieu of going to jail. HONORABLE MASSIAH-JACKSON: No, not necessarily. 125 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
Not certainly in the instance that you have provided in Montgomery County.
I don't call that community service. When there is a sheriff's guy with a shotgun, or whatever, when you go into New Jersey, that's kind of like maybe you volunteer just to get out of the place for a few hours. I don't really understand how it works. But I thought many times community service -- so what are you telling me, that it is a combination of jail time and community service?
Don't a lot of judges just give a person 50 hours of community service, and they never go to jail?
Yes. In our county, community service is an alternative to incarceration. It is part of a non-incarcerative sentence. HONORABLE MASSIAH-JACKSON: Or a 126 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 condition of parole.
Or a condition of parole. In other counties, they may couch it differently. They may make it part of an incarceration sentence, as well. But here we are dealing with individuals that are not incarcerated, that are assigned to community service.
I am not talking about that population. I am talking about the ones that are presently -- the inmates that are sitting in a city institution. And, again, I think that the powers to be -- and I am not even sure who they are -- need to get together and figure out what's appropriate. Because if we create special service districts where the private sector, in many cases, are responsible for the maintenance of Broad Street or Roxborough or this one or that one, that the unions aren't necessarily always objecting to everything that we suggest. And I come down the Drive in the 127 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 morning, and I see this Ready, Willing, and Able. They are not municipal workers, as far as I am concerned, and they seem like they are very effective. Because I came down one morning, and it was pouring rain, and they were out working in the rain. So I think it is about time that we revisit this issue, but I won't pretend to even know where to begin.
I think, certainly, for the incarcerated population, there is two types that we have to look at. There is a pretrial defendant, who is in custody for various reasons, but not because of a conviction in the open underlying case, and then there is the sentenced population. So we would certainly have to ask the judges to couch their sentences to particular community service, or to say that the prison is to determine if community service is a viable option. And they can couch their sentences in that vein. 128 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Now, on the pretrial side, the defendants are incarcerated because either there is a detainer lodged against them for violation of probation or parole, or they simply can't make the amount of bail that's been imposed. So I would certainly think that those people are more amenable to that type of service, and then it could be controlled by the prison or the county institution.
So what I am leaving with here today is the fact that the courts would have to be somehow involved at the time of sentencing to guide the institution whether that person should be considered for that program?
Because I was talking to a correctional officer over in one of the counties in New Jersey that told me that they have a list of inmates that are willing to participate in that program, because they would rather be out on the 55 bypass than be wherever they are normally 129 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 during the daylight hours. So, that's interesting. And, then, I guess all we need to do, or at least I need to do, is figure out how to start that conversation. And when the Sheriff comes up, maybe he can enlighten us on some of those programs, on how they work, because I'm not sure. Now that I am thinking, I am recollecting that the jail themselves, the prison themselves, had the bus and the correctional officer overseeing that.
The prison is the one that's responsible for the inmate, so they would have the control over them.
Great. Thank you. Good seeing all of you. Thank you, Madam Chair.
Thank you. Are there any other questions or comments by the members of the committee? Seeing none, thank you so much. You have been extremely patient. Thank you very much. 130 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 The Sheriff's Office is next. Good morning. Please identify yourself for the record and proceed with your testimony. SHERIFF JOHN GREEN: I am John Green, Sheriff of the City and County of Philadelphia Good morning, Madam President and members of City Council. Before I start the prepared portion of my testimony, I would like to thank City Council for your courageous resolution in support of a brief moratorium of Sheriff's sales. As you know, we are selling a record number of homes through our mortgage foreclosure sale, and City Council's support for a moratorium assisted a lot of home owners. Thank you very much.
You are welcome. SHERIFF GREEN: Thank you for the opportunity to speak today before this distinguished body and unveil my plan to augment security at the Criminal Justice Center. In light of the increasing 131 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 seriousness of recent incidents at the Criminal Justice Center, I am requesting an appropriation of $15,800,246 for the 2004-2005 budget year, of which $1,715,040 will enable us to hire 45 deputies to supplement our courtroom staff and maintain order. The men and women in the Office of the Sheriff are entrusted with a tremendous responsibility, delivering suspected and convicted criminals to the halls of justice while ensuring public safety. Sheriff's deputies escort men and women charged with criminal activity to courtroom hearings and trials. Once prisoners are delivered to the court, sheriff's deputies provide security for all courtroom proceedings and maintain controlled environments where prisoners interact with the public. In the past three months, the 55 deputies assigned to serve in 55 courtrooms in the Criminal Justice Center have encountered a number of volatile and potentially life-threatening situations. 132 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 In 2003, 243 incidents, ranging from fights, to weapons confiscations, were reported. This year's incident reports are rising and the severity of the challenges facing our personnel is far more grave. Two weeks ago a man in court on a probation violation hearing was shot after he struggled with the deputy sheriff and chased the judge. In March, another defendant on trial for raping and killing a 6 year old slugged one of his defense lawyers. Two weeks later, the defendant tried to smuggle a 6-inch shank into the Justice Center inside his rectum. Earlier that month a defendant charged in the Lex Street murders began yelling during his attorney's closing argument. We later found him naked in the holding cell with his body smeared in his own feces. Finally, deputies apprehended another defendant after he removed the tile in the client consultation room and tried to crawl into the ceiling. 133 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Let me say how proud I am of our deputies who have kept their calm and cool in stressful and dangerous situations. They did their jobs ably. Following an internal review of these incidents, we concluded that the problem was not with the way we work, but, rather, with our current staffing levels. On May 6, 2002, we had a total of 500 prisoners in our charge at the Criminal Justice Center alone. On any given day we need 213 deputies to carry out our responsibilities at the Traffic Court, Common Pleas Domestic Court, Common Pleas Juvenile Court, and the Criminal Justice Center. When the number of deputies sick, on vacation, in training, or on special assignments are factored in, we are routinely short 96 personnel. To ensure public safety and adequate staffing levels, I project we must hire 45 additional deputies so we can assign partners for those who work in the courts and create a 134 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 physical presence that will deter prisoner fights and confrontations. When violence erupts, a single deputy stationed in a courtroom is not able to secure the prisoner, maintain order, and protect bystanders who may be potential targets. Without a secure courtroom, justice cannot and will not prevail. Prior to the opening of the Criminal Justice Center, the Sheriff's Office assigned a minimum of two deputies to each courtroom in City Hall. The Justice Center was designed and built to provide secured centers for holding and transporting prisoners, allowing us to reduce the manpower within the courts. No longer do sheriff's deputies unload and transport prisoners in public view at the southwest corner of City Hall, and no 21 longer are deputies exposed to open outdoor environments that hold grave risk and have the potential of escalating into crisis.
Today prisoners are driven directly into the Center, effectively reducing the risk 135 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 of escape attempt and public diversions. Furthermore, deputies escort defendants through concealed walkways that are inaccessible to the public, that lead from prisoner holding cells directly to courtrooms. This security feature limits interaction between prisoners and the public, which in turn reduces the risk of arguments, assaults, and confrontation in an emotionally charged environment. Additionally, communications were enhanced to give sheriff's deputies greater control and protection. Deputies were equipped are radio handsets that enabled them to radio distress calls immediately and to inform their colleagues of their whereabouts. When prisoners disrupt courtrooms with violent outbursts, as has happened in recent weeks, cameras and other high-tech security devices are of little use. Ultimately, we must rely upon the determination and skill of the deputies in command. The men and women we presently ask 136 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 to secure courtrooms without backup are facing greater risks. When they work alone, they are less able to physically restrain an out-of-control prisoner and more likely to have to draw their weapons. Any time law enforcement officers pull and use their weapons in public, there is potential for human loss and tragedy. The City of Philadelphia's severe budget deficit is forcing every department and office to make tough financial choices. At a time when other jobs are being reduced or down-sized, I am asking to hire new employees. I would not seek these funds if the consequences for inaction were not so severe. M. Pierce Elementary School, many witnesses to the crime were afraid to come forward and testify. If potential witnesses continue to read about prisoner rampages at the Criminal Justice Center, then many more may decide to stay at home and remain silent. We cannot expect witnesses to act 137 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 courageously unless we are willing to make courageous choices required to ensure their safety. Madam President and members of City Council, thank you for this opportunity to speak today regarding the most pressing concerns facing the Philadelphia Sheriff's Office and its personnel. I respectfully request that you provide us with the necessary funding to address our need, to fund new personnel for courtroom security.
Thank you very much. Sheriff, I notice that your department has been cut by $654,000? SHERIFF GREEN: Yes
And you are asking for $1,715,000; is that true? SHERIFF GREEN: Yes.
How many courtrooms do you actually cover, including 138 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Traffic Court? SHERIFF GREEN: Well, we cover 55 -- excuse me, Madam Chair. If I may have Captain Cardamone come to the table to assist in answering specific questions. And Captain Cardamone was drafted into service this morning, so he may not have all of the information.
Good afternoon. Please identify yourself, for the record.
My question was, how many courtrooms does the Sheriff's Office have to cover, including Traffic Court?
It is approximately 86 courtrooms. Now, leaving 86, there is the potential to rise from 86 to 95. And there is approximately 65 courtrooms in the Criminal Justice Center, of which 56 are active at a 139 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 time. That number can go up.
In the Criminal Justice Center, there are 143 deputies assigned, not all performing courtroom functions. SHERIFF GREEN: Madam President, we have a total of 183 deputies.
Now, you say they don't all cover the courtrooms. What do they do?
In the Criminal Justice Center alone -- we will have to break this down by units. The Criminal Justice Center, the Sheriff's Office is available for transportation of prisoners. In effect, we are running a jail, albeit a daytime jail. It takes many staff to operate that jail and maintain the records. You have plant security both within the Criminal Justice Center and with our 140 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 facility in the Northeast that houses all our vehicles. Then you have the courtrooms, the adjacencies, and the like. So when you break the numbers down, we fall far short in maintaining all the courtroom staffing that we would like to keep because of all the other duties. You are, as the Sheriff pointed out, housing anywhere between 350 to 500 inmates each day within the building.
And of the 86 courtrooms that you mentioned, do we have a deputy sheriff in each one of the courtrooms?
As the Sheriff indicated, 45 should bring us up. The initial deployment for the Criminal Justice Center required 56 courtrooms, I think -- I am sorry, 54 courtrooms, 16 adjacencies, which are small 141 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 cell blocks between pairs of courtrooms, and some staffing for additional people for multiple defendants and roving security. That number is at, I believe, 79. We are deploying approximately 50 each day. So to start the day, we are 29 deputies short. Add to that shortness in 1801 Vine Street, who has approximately courtrooms, 11 their staffing may be half to a little bit 12 more. 13 You will not find a presence in the 14 dependent courtrooms at 1801 unless specifically requested, and that would be at the expense of one of the delinquent courtrooms. Traffic Court has, I believe, 5 courtrooms. They do not put a sheriff in every courtroom because, also, they are responsible for maintaining a cell block, plant security, and the like. 34 South 11th Street, I believe, has 10 courtrooms. And, once again, they do not staff every courtroom. There are certain 142 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 courtrooms that are staffed automatically, others by request and need.
Sheriff Green, have you had any conversation at all with the Administration about your budget and how it would impact what you are able to do? SHERIFF GREEN: As late as a few minutes ago I spoke with Rob Dubow, and we are going to get together later on in the week and discuss this matter.
Is this the first time you are having conversation about this? SHERIFF GREEN: Yes; yes. Although my office has been in touch with him, of course, and Tyrone Bynum, who handles our finance office, has frequent discussions with Mr. Dubow. And our conversations started this morning, with me asking him if he knew about the increase that we are asking for. The latest incident occurred after we had submitted our budget request to the Administration, and we had discussed the cut.
It is very 143 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 frightening. It really is a very frightening situation. You mentioned earlier about sheriff's sales. How many sheriff's sales did we have last year? SHERIFF GREEN: The total? I can get that for you, Madam President.
What we had in '03 and what we have had in '04. SHERIFF GREEN: Yes. I can tell you that in March, we were selling over a thousand mortgage foreclosure properties alone.
Thank you, Madam President. Good morning, gentlemen. I would like to continue with President Verna's line of questioning regarding your need for additional personnel. You said you are requesting 45 additional deputies. Are there any current 144 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 vacancies? SHERIFF GREEN: Yes; there are four vacancies.
So the new number would be 41; would that be accurate? SHERIFF GREEN: No; it would be 45. Plus, of course, we assume that we are going to fill the four vacancies.
All right, then. How did you arrive -- given the numbers you just shared with us, 86 courtrooms and you said up to 95? SHERIFF GREEN: I am sorry?
Your deputy there said there are 86 courtrooms that you cover, 86 courtrooms total? SHERIFF GREEN: Yes. And we could go up to 95.
There are 56 active at any one time in the CJC? SHERIFF GREEN: That's correct.
And 143 deputies assigned. Is that around the clock? I mean, is that -- break that down for me. 145 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 SHERIFF GREEN: We have people assigned in our building security component --
24/7? SHERIFF GREEN: -- hours a day. 6 We have deputy sheriffs who are assigned to 7 the parking area, where our vehicles are 8 maintained, 24 hours a day. 9 We have deputies that are on the 10 highway at any given time as late as 11:00 11 p.m. transporting prisoners throughout the 12 state. 13 And then, of course, we have people 14 who work in the buildings, in the actual 15 courtroom security aspect. 16 And I should mention that we 17 actually use people who transport the 18 prisoners in courtroom security. And that is 19 very unusual, based on -- 20
When you say, 21 "people," you mean -- 22 SHERIFF GREEN: Deputy sheriff 23 officers, not prisoners. 24 We actually use the deputy sheriff officers. After they transport, after they 146 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 bring a bus or a van to the Criminal Justice Center, they are then assigned to courtrooms.
Okay. Can you discuss, given the fact that the courts are covered 24/7, how is overtime handled? And I raise the question of overtime because that's come up with other departments. Can you tell us, for example, what portion of the existing budget may be attributed to overtime? SHERIFF GREEN: I am glad you asked that question, because we are rather proud of what we have been able to do as far as overtime. Given our shortage, and realizing that we were -- we had a personnel problem, and we realized that after tracking the change in the number of incidents that have occurred, we realized that we would have to make financial room for more deputies, more money available. And, so, we have cut our overtime in a year. For example, in April 2003 -- I mean, April 2003, our overtime costs was $356,268. 147 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 In April 2004, our overtime costs was $128,913.
And, so, what do you attribute that to, besides what one might say is good management? What else would you attribute that to? Especially given the need for 45 additional deputies. SHERIFF GREEN: That's what I attribute it to, good management.
How did you arrive at 45, versus 35 or 55? SHERIFF GREEN: 45 will allow us to put an additional deputy in every working courtroom, allowing for one courtroom to be used by -- to be covered by a floater.
So you want partners. You want two deputies per courtroom? SHERIFF GREEN: That's correct. Because now we are dealing with a different type of person, prisoner, if you will. Before we were, quite frankly, dealing with people who may have been in county detention area for a relatively minor 148 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 crime. Today, because of the overcrowding, the people who are kept in the county facility are people who are there for serious matters. And, so, we are dealing with a different type of person. We are dealing with a person who comes to court with a different mindset because he or she knows that they are there for something serious. And, to be perfectly honest with you, they wouldn't have committed the serious crimes that they did if they weren't predisposed to violence.
I am struck by your testimony, where you speak about how X number of weapons are found on prisoners. So talk to me about the security system there. It says, 243 incidents, ranging from fights to weapons confiscations, were reported. From what I can see as a lay person coming in the front door, there is a very vigorous approach to making sure that weapons are taken. SHERIFF GREEN: That's correct. 149 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 But even people knowing they are coming into court, and that they may pass through a metal detector, people still bring weapons and various contraband. People forget. People suspect that they can pass it on to a companion. For whatever reason, people still bring weapons to court.
My final question comes from your testimony on . And I don't want to answer the question for you. Help me understand the thread that exists between need for more sheriffs and, you know, the fatal killing of that little boy, when that happened on a schoolyard, where there may or may not have been police. So draw the connect for me. SHERIFF GREEN: Most people who do police work, especially detectives, can tell you that, without information, it is very, very difficult to solve a crime. You don't go around with a fingerprint kit and lift fingerprints and 150 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 match them with a prospective defendant. What you need is real information from real people. And during the tragedy that occurred at T.M. Pierce, there was an outcry for people in the neighborhood to come forward, to come forward with whatever information you may have about the doer. Unfortunately, a lot of people were afraid. We are concerned that if people suspect that the courtroom is not secure, if people read about prisoners escaping from deputies, if people read about prisoners who are able to smuggle in weapons that are made in the prison, and if people read about prisoners actually getting away and being able to get into a ceiling, that people will be reluctant to come down to court and testify out of fear.
Just for my own knowledge base, witness protection programs are handled by the federal government? There is a role for sheriffs for sure, because you have to be in the courtroom simply to protect witnesses. But the actual 151 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 program is handled by whom? SHERIFF GREEN: Well, witness protection program is generally determined and handled by the various prosecutors, be that on the federal, state, or local level.
Okay. Thank you very much for your testimony. Thank you, Madam President.
Thank you, Madam Chair. Good morning, Sheriff. How are you doing? SHERIFF GREEN: Fine.
Good. I have a question. Maybe you can help answer the bigger question that I have today. Over at the center, the Criminal Justice Center, you staff the metal detectors; correct? SHERIFF GREEN: That's correct.
The pass-through like we have here and also the hand-held 152 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 units; correct? SHERIFF GREEN: That's right.
After they are delivered and installed, are you responsible, the sheriff, for the ongoing maintenance and testing? I asked a couple of questions. I asked a question down at the airport. I said, once these are installed, is there a quality to make sure that they are still up to the scale that they are supposed to be? In other words, are they maintained, are they tested, are they certified every month to make sure that the sensitivity level is still there? Or could we have one at the end of this hallway, after six months, you could walk through with an M-1 and it doesn't go off? Whose actual responsibility is it for the hardware, to make sure it is working and working the way it should be? SHERIFF GREEN: Right. Councilman, if you will allow me to just discuss the specifics of the performance level of the 153 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 metal detectors --
That's the word I am looking for. SHERIFF GREEN: -- I would do that. I really wouldn't want to get into how well the metal detectors perform out of fear that someone may say, hey, you know, I may be able to smuggle a weapon into the CJC. But I can tell you that Public Property, Public Property is responsible for maintaining the metal detectors.
Do you know if Public Property has an ongoing required certification program of this both hand-held and walk-through technology? Because I'm led to believe that some of this stuff gets dropped in the schools. And unless it actually breaks, that's the last we -- the last contact technicians have with it. I hope that's wrong. But, do you know? And, again, I understand the sensitivity, but I think we need it no either publicly or privately whether or not there is some ongoing program. 154 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
Councilman, I think that can only be answered by Public Property. I don't think the Sheriff would have that information.
I think the Sheriff -- and I don't want to put words in the Sheriff's mouth. But I think it is important that, if he is responsible for making sure that that's a safe building, that the equipment that he is using to provide that service is -- so maybe together we should be asking that question of the Department of Public Property. Because I am certain that if I were responsible for that, I would want to make sure that the gear that I am using works well. SHERIFF GREEN: I can tell you that our people, quite frankly, don't depend on outside people to test the equipment. We test it daily. We check it, we monitor it. And I will also assure you that our people are in constant contact with Public Property. Of course, it is like anything else. 155 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 There is always a disagreement between the server and the person who is receiving the service because of a lot of different reasons; budgetary, not having the personnel to do it, or whatever. But we have an ongoing dialogue with Public Property. We test it, and they know if there is a problem.
That's good to hear. And I will talk to you privately, because the sensitivity of the potential lack of sensitivity of this equipment. The last question that I have is, earlier you heard the discussion about potentially, or at least talking about, using inmates that are incarcerated in city jails to perform work like picking up papers and debris, cleanup, et cetera. In some jurisdictions, is it the Sheriff that oversees that, or is it normally a program that's administered by the institution itself? SHERIFF GREEN: Well, in some jurisdictions the Sheriff actually handles the 156 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 county lockup, or the county jail. So that would go with the responsibility of maintaining the people who are incarcerated, if they are people who have already been convicted of a crime. I would suspect that there may be other counties that are -- where sheriff's offices are responsible for ensuring that prisoners are taken to the various places where they are going to serve out their obligation to the state or to the county. We do that when we transport people to the various drug programs and to the various day programs that they are assigned to or remanded to. I can assure you, Councilman, and members of City Council, that if we walk away today with an assurance of additional deputies, the 45, that we will find a way to provide security and transportation on a small scale for whatever programs the courts initiate.
So what you are telling me today, if the city jails wanted to 157 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 institute a work program, that the way we are structured now, the jail would have to provide that oversight, not the sheriff? SHERIFF GREEN: Yes, the jail would have to provide that oversight, of course. And the court system would have to develop the program. But we are always willing to support. As you know, Councilman Clarke is on the Board of the Community Court, and we recently assigned a deputy to Community Court. When Traffic Court came to us and said, look, we have some concerns, we were able to address those concerns. We always try to respond, when needed, and we are not going to change that obligation.
So what I heard you say during your answer is that the inmates that have to go to drug treatment, you transport and provide that service? SHERIFF GREEN: That's correct.
And not the jail? SHERIFF GREEN: Yes, that's right. 158 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
You are welcome. The Chair recognizes Councilwoman Brown.
Thank you. I actually forgot two thing, sheriff Green. One with regard to the DROP program, is there a rule in place with the Sheriff's Department which prohibits retirees from the program, prohibits them from reconsideration to work within the Sheriff's Department after they opted to take DROP? SHERIFF GREEN: The Managing Director issued a memorandum addressing that issue. And the memorandum in fact said that people are not encouraged to try to return to active service with the city after leaving through the DROP program. As you probably know, we had one instance where we had someone who was retiring who was essential to our operation. And he is now working in our civil component, and in the real estate component of the Sheriff's Office. 159 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
I was, actually, not aware of that. And this article that really raised the question, Cashing in on Pension Loophole, they actually don't mention the Sheriff's Department, so I was unaware of that. SHERIFF GREEN: I think it does.
Does it? Okay. SHERIFF GREEN: I will give you the guy's name.
How long ago did the Managing Director issue that memorandum, do you recall? SHERIFF GREEN: I know it was just before we -- before the person mentioned in the article returned.
I was unaware of that, so I thank you for sharing that information. Finally, you opened your testimony by thanking us for our cooperation regarding 160 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 the delay of the -- or postponement of the sheriff's sales. And we really need to thank you for responding to the, you know, terrible numbers that we are seeing with regards to foreclosure, and how predatory lending is tied into that, and how that really reeked havoc in families across the city. So we thank you and your department for your willingness to postpone that and take a closer and better analytical look at that problem. SHERIFF GREEN: Thank you. It is also bad for the city. Because when properties are vacant for a number of months or years, it tends to decrease the popularity and the attractiveness of the community.
Sure. Sure. Thank you very much. Thank you, Madam President.
Thank you. Any other questions or comments from members of the committee? 161 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Thank you very much, Sheriff. SHERIFF GREEN: Thank you.
Thank you. Clerk Quarter Sessions is next. Ms. Miller, we have all have copies of your testimony. They will be given to the stenographer, they will be transcribed in whole. If you can abbreviate your testimony, we would really appreciate it.
Thank you, Madam President and members of the Council. I am here because I need your support. I need your support for a budget of $4,722,227. And that's because, without that, that means that we would lose around seven people, with the 5 percent decrease. We wouldn't be able to do our job as needs to be done without the increase. There, I believe, are six new judges have been appointed, and that would mean six more courtrooms. As it stands, we have around 62, 63 clerks. And each day around 10 to 12 people 162 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 are out, so that means we are short right then and there. We are not able to keep people because the staff is so low, because they are not able to get vacations and take off days that they have earned over a period of time. So all this makes it almost impossible for us as far as the staff to man the courtrooms. And, in conclusion, as the City Council is responsible for the plan to keep Quarter Sessions afloat, in order for the department to carry out mandated services with limited problems, we are striving to service other members of the criminal justice family. And that's about it, where we are at. Thank you.
Good afternoon, everyone there. I am, actually, posing this question to all department heads regarding the DROP program. 163 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Is there a rule in place that prohibits those who leave your department because of the DROP, is there a rule to prohibit them from returning as a retiree, even though they are a retiree from that department?
Well, it is new, and we have not looked at anything as of yet.
I think what Vivian was saying, she can't even get people to join her office, nevertheless retire and come back. Isn't that what you are saying?
We can't even get them to stay, let alone ask them to come back.
I recall last year, during testimony, either you shared with us or there was a question raised with regards to technological advances in your office. Do you care to give us an update on what you have done with regards to using 164 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 technology to help your department run even more efficiently?
I would like to give you Lopez, who is my first deputy, who I put in charge of that.
Lopez Jones, Senior First Deputy Clerk of Quarter Sessions, to answer your question, yes, there has been some progress in regards to our fines and costs that's being automated.
Fines and costs. It has been automated. Hopefully in a matter of two to three weeks that should be done. And we will be live with that, hopefully, by the end of May.
For that type of service, what is the role, if any, of procurement, the Office of Procurement?
So the identification of that vendor happened strictly within your office?
Okay, then. Well, I for one, I can only speak for Blondell, am still trying to get a handle on the role of procurement, and what they do across the board with all city agencies. So thank you for your testimony. Thank you, Madam President.
Thank you, Madam President. Good afternoon. I just want to clarify your statement. It wasn't a part of your testimony. You indicated that there were a number of individuals on a consistent basis that were absent, you said ten employees?
At least 10 to 12 per 166 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 day, yes.
Because we are so understaffed, we ask the clerk to maybe man two or three courtrooms. So, therefore, if they put in a request for to have a leave, and we say, we sorry, you know, you can't do it, you can't have this, well, they will take it off anyhow.
I am sorry. How does one clerk cover three courtrooms at the same time?
Well, it is not the same time. You may have a courtroom that there is a plea going on, or maybe a sentence, you know, they are listening. And while they are waiting for the jury to come back or something, we ask them to go to another courtroom, maybe to write notes, pertinent notes. 167 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 And then sometimes when that's completed, if there are another courtroom that's not back in function, then we ask them to go someplace else. So this is very hard on a person. Very, very much so. Maybe Mr. Jones could add some more to that, since he was our second deputy for some years.
Well, she pretty much hit the nail on the head. It is a situation, when you have juries going on, you may go to a clerk and say, I need you to go to another room because the judge needs a disposition. So we pull the court clerk from that room, send them to another room, just to put the disposition on file. And that's why you get court clerks working maybe one, two, or three courtrooms.
I am sorry. Councilman Clarke, please proceed. I was just curious.
I was just trying to get clarity. So you have approximately 60 clerks? 168 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
And every day between or of them are out absent, 6 either excused -- 7
That's kind of a 10 relatively high rate. 11 Is there anything you think your 12 office can do to alleviate that what I assume to be a problem? Are they all Civil Service employees?
In fact, I have the union rep here. He can also substantiate that part of what I was just saying.
I believe you. I believe that to be the case, you told us that. But I am just trying to understand. 169 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 If I had on a consistent basis -- and I am trying to do a ratio -- if I have, like, one and a half persons from my office on a daily basis absent, that is extremely problematic for me, and I would rectify that one way or another. I have the luxury of -- and I say, "luxury," in that these people are not Civil Service, and they serve at the pleasure of the elected official. But this sounds like a substantially high level of absenteeism.
Unfortunately, but that's it. They may call in sick, they may call in vacation, they may be an emergency day. You know, they have a variety of complaints, I mean, as far as not coming in.
Did the union representative want to add to that, and tell me why its members are chronically absent?
My name is Edward Comacho. I am the business agent for local 696 that represents the Clerks of 170 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Quarter Sessions. And to answer your question, Councilman, just like Ms. Miller stated, it has a lot to do with scheduling of vacation time, AL days, also emergencies, and also the sick time. One of the things that we have been looking at over the years has been the amount of work that they are trying to perform with the shortness of staff, and it can't continue. At some point it is going to affect the staff that you have currently now. And one of the things that we were supporting Ms. Miller on was an increase in the court clerks. Because not only is it just trying to schedule vacation time and also be able to afford them to use their AL times -- which they are losing their AL time, which they have earned over the year -- the sick time has been increasingly also, due to the fact of the stress level that they have to do going from one courtroom, to another courtroom, to a third courtroom, to try to maintain that level of productivity for the 171 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 Clerks of Quarter Session. And I think it hinders the department, and they should be offered an opportunity to increase that level. I know that last year Council had stated that they were going to look at at least increasing them by three. And we have been informed that they have been asked to cut their staffing level by 5 percent. You can't do that, when you are increasing the judges on the stand.
I think they have been asked to reduce their budget by 5 percent, not necessarily targeted the personnel issue. The 5 percent, I am getting a sense -- and I am not speaking for the Administration -- by I think you can cut 5 percent from anywhere within the budget.
Excuse me. My name is Tom Christmann, Junior. I am Budget Officer for the Clerk of Quarter Session. And the 5 percent reduction, as 172 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 desired by the Administration, in a budget that Quarter Sessions is approved for each year, it basically almost has to come out of Class 100. Because we get so few funds in the other areas to just get us by, Classes 200 through 400. So if we were to absorb a 5 percent reduction, it would really result in about a loss of about seven employees to our department. We are already shy, as we speak, in this current fiscal year, we are already shy about eight positions. And that's what we are trying to address with getting people on board. And the stress levels that have been talked about here towards -- in regards to our court clerks really are tied to the fact that we are shorthanded presently. So we are trying to get to the levels that we would like it to be, which is, for the entire department, 128 people. But we are still living in the high one teens, low one twenties consistently, and the stress is 173 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 getting to our staff.
Let me ask the question, since we have the union representative up here. Has there been any thought to restructure the nature of the employee; i.e., part-time employees? And I know traditionally union representatives don't like that. But I am looking at a more cost-conscious way of doing business. If you are telling me that, you know, clerks are targeting three -- two or three different courtrooms, would it be more prudent to have people working on a part-time basis, where they can be targeted to specific courtrooms, as opposed to having one full-time employee running all over the place? Have you looked at any creative ways of dealing with both the problem with respect to overburdening the employee and any ability to address your fiscal problems?
We have tried to look at several. 174 OPERATING BUDGET - BILL NO. 020455 - 5/3/04
Are you just asking for more money? I mean, we at Council right now are being asked to cut rec centers in our district. I have five, six pools on the list to be cut. And that's, you know, you talk about stress. That's going to be extremely stressful for me, you know, if I have to close them all. But I am looking at creative ways of addressing that budget issue. Have you all looked at any other alternatives?
I think in the long term, yes, we could look at trying to develop some restructuring, if possible. Like we have had in the contract over the various years, RGI, redesigning government initiative, offers that opportunity to really look at the whole department and try to work with the department in trying to restructure certain areas of responsibilities. We haven't had that opportunity just yet, Councilman, but I think it is something 175 OPERATING BUDGET - BILL NO. 020455 - 5/3/04 that we need to look at, too, seriously.
Is this the same document? I remember when I was running for this seat initially, and I met with, trying to get the endorsement of 33 and 47 -- didn't get it, by the way, but that has nothing to do with these proceedings.