COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall5 Philadelphia, Pennsylvania Tuesday, August 16, 20116 10:40 a.m. PRESENT:8 COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL9 COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR.10 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE11 COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY12 COUNCILMAN JAMES KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI13 COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ14 COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILWOMAN MARIAN B. TASCO15 MICHAEL A. DECKER, CHIEF CLERK16 17 RESOLUTION 110523 - Resolution calling on City18 Council's Committee of the Whole to hold public hearings to educate and inform citizens19 on the redistricting process for City Council Districts in order to create an open and20 transparent process and opportunity for public engagement and input for City Council's21 consideration. 22 - - -23 24 25 2 1
Good2 morning and welcome. This is the first3 of four hearings that will focus4 exclusively on the matter of Councilmanic5 redistricting.6 The 1951 Home Rule Charter7 states, and I quote, "It shall be the8 mandatory duty of the Council to9 redistrict the City within six months10 after the publication by the United11 States Census Bureau of the population of12 the City at each census." In other13 words, every ten years, it becomes14 Council's duty to redraw boundaries to15 the City's ten councilmanic districts.16 Before we carry out that17 responsibility, we want to provide the18 public with an opportunity to weigh in.19 We have a big task before us and we20 welcome your input.21 As you can see from the22 handout, this year's redistricting23 process is at a very difficult starting24 point. Although the City's total25 3 8/16/11 - WHOLE - RES. 1105231 population has not changed significantly2 in the last ten years, there has been3 dramatic shifts in the population of many4 districts.5 The main challenge that we face6 is that the four districts that have lost7 significant population - the 3rd, 4th,8 8th and 9th - are all located on the west9 side of the City and are adjacent to each10 other. Likewise, the three districts11 that have gained significant population -12 the 1st, 6th and 7th - are located on the13 east side of the City. This means that14 redistricting cannot be accomplished15 simply by tweaking a few voting divisions16 here and there. Some significant17 redrawing of the map is inevitable.18 The law concerning19 redistricting is complex. For example,20 it is important to strive for districts21 that are nearly equal in population, but22 other goals deserve weight as well.23 Courts have permitted some deviation from24 the ideal population to further these25 4 8/16/11 - WHOLE - RES. 1105231 goals. Other factors to consider include2 maintaining neighborhoods, encouraging3 adequate representation of minority4 populations and preserving core areas of5 districts.6 I've been asked to clarify the7 deadline under which we are working. The8 six-month clock started ticking on March9 9th, 2011. So the deadline for10 redistricting is September the 9th, 2011.11 If there is no plan by then,12 Councilmembers will not receive their13 salary until the Council passes a14 redistricting ordinance and either the15 Mayor approves it or it becomes law16 without his approval.17 Our expectation is to introduce18 a redistricting bill at Council's19 September 8th session. That bill, like20 all other bills, will be scheduled for a21 hearing at which members of the public22 will have every opportunity to testify.23 If all goes well, on September 22nd24 Council will approve a final version of25 5 8/16/11 - WHOLE - RES. 1105231 the bill and the Mayor will sign it.2 So with these considerations in3 mind, our job today is to listen to you4 and learn of your concerns. We truly5 welcome any suggestions that you may6 have.7 I would now ask the Clerk to8 please call our first witness.9
Suzanne10 Biemiller.11 (Witness approached witness12 table.)13
Do17 you have written testimony that you would18 like to distribute?19
You23 have it?24 Yes, we have it too. I'm25 6 8/16/11 - WHOLE - RES. 1105231 sorry.2
That's okay.3 COUNCIL PRESIDENT VERNA:4 Please proceed. Sorry.5
8 My name is Suzanne Biemiller and I serve9 as Chief of Staff to Mayor Michael10 Nutter. 18 We understand the daunting19 challenge that Council faces over the20 next few weeks as it seeks to redraw21 councilmanic districts. It is a22 difficult task that requires the23 balancing of a number of competing24 interests. As City Council rises to this25 7 8/16/11 - WHOLE - RES. "5 The United States Constitution mandates6 that legislative districts be drawn so7 that district populations are roughly8 equal. This requirement ensures that the9 power of an individual's vote is neither10 diluted nor strengthened because of large11 population disparities between12 legislative districts. 17 Courts allow for some18 flexibility in population deviations, as19 the Council President noted in her20 opening remarks, but have held that the21 difference between the largest and22 smallest district may not be more than 1023 percent of the average district24 population; in this case, roughly 15,00025 8/16/11 - WHOLE - RES. 1105231 persons. As the City Solicitor has2 opined, deviations under percent are3 not automatically protected from judicial4 scrutiny and the "one person, one vote"5 principle. Historically, City Council6 has not enacted a redistricting map with7 a deviation over 5 percent. 12 Two, slay the gerrymander. In13 redrawing councilmanic districts, the14 Administration urges Council to slay the15 gerrymander and create districts that are16 compact and make sense. 21 For example, the current 3rd Councilmanic22 District is relatively compact. The23 current 7th Councilmanic District, which24 snakes its way from Lower North25 9 8/16/11 - WHOLE - RES. 1105231 Philadelphia to the Far Northeast, is2 considered by many to be among the most3 gerrymandered local district in the4 United States. The 5th Councilmanic5 District is also widely considered to be6 an unusually gerrymandered legislative7 district. The 3rd District makes sense8 to the average person. 10 A district's lack of11 compactness has implications for12 residents. Neighborhoods may be13 represented by multiple officials, which14 dilutes their voting power and sometimes15 leaves them feeling disenfranchised or16 under-represented. Residents and17 businesses don't know who to call when18 they have an issue they want to weigh in19 on. 22 Finally, maintaining23 communities of interest. The24 Administration urges City Council to25 10 8/16/11 - WHOLE - RES. 1105231 maintain communities of interest. A2 community of interest is a group of3 individuals that share similar4 priorities, whether ethnic, religious,5 economic, social or cultural. 10 One community that the11 Administration has heard from has been12 the Hispanic community. 21 Thank you for the chance to22 present testimony on this matter. 25 11 8/16/11 - WHOLE - RES. 1105231
Thank2 you very much.3 Are there any questions from4 members of the Committee?5 (No response.)6 COUNCIL PRESIDENT VERNA:7 Seeing none, thank you.8
I10 would ask the Clerk to please call our11 next witness.12
Good morning,18 Council President Verna and members of19 Council. I want to thank you for the20 opportunity to be here today.21 My concern isn't so much the22 redistricting. It's the method. It's23 the process. I live on the border of two24 Council districts. This past election,25 12 8/16/11 - WHOLE - RES. 1105231 as in everyone, I supported, voted for2 and worked for my choice for Council3 candidate. Come November, I will do the4 same. Because I'm on the border of one5 of the districts that has to lose people,6 there is a possibility that I will be in7 another Council district, which nullifies8 my vote. It nullifies my choice. It9 takes not only myself but all of my10 neighbors, our input into who is running11 our Council district and our -- basically12 our existence with the City.13 My proposal is -- well, my idea14 is that if you suspended the institution15 of the actual district until after the16 next election, so it gives the voters the17 opportunity to choose who their18 Councilperson is going to be. You're19 looking at roughly, according to your20 chart, 38,000 people that their vote21 isn't going to count because they're22 going to be moved into another district.23 I don't know how that plays with other24 people, but that -- I have a problem with25 13 8/16/11 - WHOLE - RES. 1105231 that. And I'm sure that because of the2 voting argument, there's got to be some3 kind of policy that can be put into place4 that Council can get paid, because you5 should be paid. It's the initiation of6 the program that -- I'm not very good7 with words. But it's the fact that my8 vote for who I wanted to be my9 Councilperson will be taken away if I'm10 moved into another Council district, and11 there's 38 -- according to your numbers,12 there's 38,000 people that that's going13 to happen to. It's not just a small14 number. It's not a thousand. It's a15 good chunk of the City. And, I mean, I16 feel that our votes should be counted,17 and the only way it can be counted is if18 the redistricting takes effect after the19 next election, because if I am moved into20 the 2nd District, I'd be able to vote in21 that district for that election and22 choose my Councilperson.23 Thank you for your time. And I24 don't know if that's a valid point or if25 14 8/16/11 - WHOLE - RES. 1105231 it isn't.2 COUNCIL PRESIDENT VERNA:3 Mr. Santoro, are you aware that this4 becomes effective in the year 2015?5
When7 do you think that the redistricting would8 become effective?9
My apologies. I13 was misinformed. That was -- the14 research that I had done didn't show15 that. I apologize.16
Not21 at all. We're happy to have had you come22 in. Thank you so much.23 Our next witness?24
Laura Dijols.25 15 8/16/11 - WHOLE - RES. 1105231 Jose Oyola.2 AUDIENCE MEMBER: She's here,3 Laura is here.4 (Witness approached witness5 table.)6
Good7 morning. Please identify yourself for8 the record and proceed with your9 testimony. Good morning.10
Good morning and11 thank you, President Verna, members of12 Council, other City officials and those13 present in the Chambers today. My name14 is Laura C. Dijols. I am a senior15 citizen currently residing in the16 Wynnefield section of Philadelphia.17 Thank you for this opportunity to share18 some of my thoughts and concerns19 regarding an extremely important Charter20 mandate which you as Councilmembers must21 perform as you make wise decisions in22 representing us, the citizens of23 Philadelphia.24 The following are some of my25 16 8/16/11 - WHOLE - RES. 1105231 major concerns: First, why did City2 Council declare in a resolution on June3 23rd to, quote, "hold public4 community-based hearings," end quote, in5 order to, quote, "create an open and6 transparent opportunity for public7 engagement and input," end quote, in the8 citywide redistricting process? Well,9 now we're here today, August the 16th,10 and this is the very first public11 redistricting hearing. Sadly, we are12 less than one month before the September13 9th deadline for completing this plan.14 Is it possible that City Council does not15 want any input from the voters in16 Philadelphia?17 Two, I believe we should have18 more cohesive districts within our city.19 For example, the current 5th and 7th20 Districts are two among the most unfairly21 drawn districts in the country, according22 to a 2006 study by Avazea, formerly23 Avencia. Districts 5 and 7 need serious24 overhauling, if this study is correct.25 17 8/16/11 - WHOLE - RES. 1105231 Would Council consider the number of2 elementary schools in an area and then3 build the voting district around them?4 Three, since our city's Home5 Rule Charter requires the Mayor's input6 after the Council has completed its plan,7 it may be necessary to amend the Charter.8 With that revision, the Mayor's9 suggestions would be considered prior to10 Council beginning the redistricting11 process in order to incorporate the12 Mayor's ideas in the final plan.13 I just heard the Mayor insert14 this, heard the Mayor's letter. So he is15 proposing. I trust you'll be considering16 his suggestions.17 I was also -- I'm continuing18 now. May I propose that we also include19 in the Charter change the creation of an20 Advisory Redistricting Commission, whose21 members would be selected by City22 Council, the Mayor, the District Attorney23 and the City Controller? Hopefully the24 public would have input before they begin25 18 8/16/11 - WHOLE - RES. 1105231 to have public hearings.2 Four, it has been said that the3 district lines are drawn in order to4 suppress voter power and voter5 participation. I believe this may6 contribute to the growing voter apathy we7 are experiencing in both the Primary and8 General Elections. This would seem to9 provide the incumbent with an unfair10 advantage to remain in power while11 possibly ignoring the very constituents12 he or she was elected to represent.13 Furthermore, I'd like to take14 the liberty to recommend that City15 Council review a group of redistricting16 plans which have been designed and are in17 the process of being designed to address18 a very pressing need of more equitable19 representation. The organization Fix20 Philly Districts in our city will have a21 top ten list of redistricting plans for22 your examination and consideration.23 Hopefully City Council will select the24 best of these plans to move our city25 19 8/16/11 - WHOLE - RES. 1105231 forward in the second decade of the new2 millennium.3 Sixth, let's stop the practice4 of point contiguity when mapping our5 councilmanic districts. It has been said6 that the people on the borderlines tend7 to be neglected by their Councilpersons.8 Please know that I want to9 honor the time constraints and close my10 presentation. Thank you again for this11 opportunity to address City Council12 today.13
Thank14 you.15 Are there any questions or16 comments from members of the Committee?17 (No response.)18 COUNCIL PRESIDENT VERNA:19 Again, I thank you.20
Jose Oyola, Angel25 20 8/16/11 - WHOLE - RES. 1105231 Ortiz, Miguel Concepcion and Jose Perez2 from the LatinoLines Redistricting3 Coalition.4 (Witnesses approached witness5 table.)6
Good morning, City7 Council President Verna and the rest of8 the members of City Council. We're very9 honored to be here today. My name is10 Jose Oyola of LatinoLines and also I am11 the Marketing Director for the National12 Congress of Puerto Rican Rights.13 LatinoLines is a coalition of14 non-partisan civic activists and devoted15 members of the Latino community and16 long-time Philadelphians. Testifying17 with me today is Jose Perez, Esquire, of18 Latino Justice PRLDEF, New York. He19 brings with him the organization's20 expertise in redistricting and will21 discuss some of our major concerns.22 As the recent census numbers23 have confirmed, Philadelphia finally24 reversed five decades of losing25 21 8/16/11 - WHOLE - RES. 1105231 population, thanks mainly to the growth2 in the Asian and Latino communities. An3 impressive gain has been registered in4 the Latino community of over 59,0005 residents, and almost all of the growth6 was in the Latino population center in7 and around Philadelphia's 7th8 Councilmanic District and areas that used9 to be the 7th Councilmanic District.10 It has also been widely11 reported by numerous authorities that the12 7th Councilmanic District is one of the13 most gerrymandered districts in both the14 City and in our nation. For too long,15 the Latino community has been16 gerrymandered, diluting its voting17 strength and, in many instances, eroding18 its viability as a community of interest.19 For years, voting districts in Latino20 neighborhoods have been cracked,21 fractured, packed and diluted, costing22 residents their true power and place at23 the table.24 LatinoLines is respectfully25 22 8/16/11 - WHOLE - RES. 1105231 asking that our growth in the city census2 be reflected with a natural, logical 603 percent Latino population for the 7th4 Councilmanic District.5 Look, if you just enclose the6 current areas of new Latino population7 growth, it naturally fits in the 7th8 District, and the City would have a9 reasonable, healthy and economically10 viable 7th District, as drawn in the maps11 that Miguel Concepcion has passed out.12 We are respectfully asking the13 Philadelphia City Council to draw new and14 proper lines to reflect the viable and15 growing Latino communities in our city,16 with the ultimate goal of allowing this17 to happen and that their political voices18 could take their natural course among the19 leadership of the City of Philadelphia.20 For more of the history on this21 entire matter, attorney and former City22 Councilman Angel Ortiz will detail the23 trail and trajectory of gerrymandering24 that put the current lines of the 7th25 23 8/16/11 - WHOLE - RES. 1105231 District in conflict with the Voting2 Rights Act of 1965. He will show how3 this community of interest is having4 their civil rights violated under those5 terms. Attorney Jose Perez of Latino6 Justice PRLDEF will discuss the Voting7 Rights Act of 1965 and how it prohibits8 the dilution and fracturing so noticeable9 in the current 7th Councilmanic District.10 And our colleague Joe Garcia via Wynne11 Alexander will summarize our other12 points.13 Thank you very much for this14 opportunity to look at this longstanding15 civil rights problem.16 Jose Perez.17
Good morning, Madam18 Council President Verna, members of the19 City Council. My name is Jose Perez. I20 am the Associate General Counsel of21 Latino Justice PRLDEF, a national22 non-for-profit, non-partisan civil rights23 organization that engages in advocacy and24 impact litigation on behalf of the Penn25 24 8/16/11 - WHOLE - RES. 3 percent25 25 8/16/11 - WHOLE - RES. 15 As reflective in the City as a whole,16 significant population increases in her17 district. 25 26 8/16/11 - WHOLE - RES. 9 We are very pleased to have10 learned that there will be two additional11 public hearings outside City Hall,12 including the one to be held at the13 Esperanza Academy Charter High School in14 District 7 on August 31st, 2011 sponsored15 by Councilwoman Quinones-Sanchez. 25 27 8/16/11 - WHOLE - RES. 1105231 The extent to which2 redistricting can account for race and3 ethnicity is a particularly delicate4 legal balance and challenge for this5 Council. S. Supreme Court has6 repeatedly indicated that compliance with7 the federal Voting Rights Act is a8 compelling reason why a state or locality9 can make race or ethnicity of its10 citizens the predominant reason for11 drawing particular district lines. The12 Voting Rights Act, which was enacted by13 Congress in 1965, was designed primarily14 to combat discrimination and intimidation15 that were used to deny African Americans16 and many other minorities the right to an17 effective vote. 20 Particularly, Section 2 of the Voting21 Rights Act prohibits any voting practice22 or procedure that results in the denial23 or abridgement of anyone's right to vote24 based on race, color or minority language25 28 8/16/11 - WHOLE - RES. 1105231 status. Congress amended Section 2 in2 1982 to clarify it. 7 This type of violation is known as voter8 dilution. 19
Good morning, Madam25 29 8/16/11 - WHOLE - RES. 1105231 President, Majority Leader, Councilwoman2 Quinones, the rest of my colleagues. I3 hope this is a much saner and peaceful4 redistricting process than the last two5 that we've had over the last 20 years,6 but I hope that this also closes the7 circle that began in 1960. And if you8 begin looking at the maps and how the9 District 7 has changed over that period10 of time, you will see that also it11 mirrors the trajectory and movement of12 the Puerto Rican and Latino community13 from one side of Philadelphia, Fairmount14 and the Spring Garden area, into the 7th,15 what is now called Kensington, North16 Philadelphia and the Lower Northeast. It17 began with the gentrification in the18 Spring Garden area moving the Puerto19 Ricans out of the Spring Garden area into20 North Philadelphia. It accelerated in21 the 1980s. And in the 1980s, we had one22 fortunate thing happen also, Wilson Goode23 was elected Mayor of the City of24 Philadelphia. Wilson Goode has made it25 30 8/16/11 - WHOLE - RES. 8 We have traveled and we have9 come a long way. 17 Today, we face a different18 circumstance. The Latino community has19 given Philadelphia its first growth20 period in the last 25 years. It has21 grown in a very definitive area. 24 It has made the Council District 725 31 8/16/11 - WHOLE - RES. 10 It is up to this Council to be11 able to achieve that goal. It's a goal12 that this community has fought for and13 has strived for for over 30 years. It14 has and it represents the best and the15 one that will give that community the16 ability to be able to choose its elected17 representative to this body. 24 This community has been25 32 8/16/11 - WHOLE - RES. 1105231 fractured, has been gerrymandered, and I2 think it's time for us to close the3 circle and make the Councilmanic 7th4 District the district that it's supposed5 to be and truly, truly representative of6 a very cohesive community that lives7 within certain geographical areas that8 are continuous and represents a community9 of interest and is a very diverse10 district. It is not packed. 14 So I hope as you go along and15 you deliberate that you can keep this in16 mind, because this has been the most17 contentious district over the last 2018 years. I don't think we are going to be19 that contentious over the 7th20 Councilmanic. There are other problems21 in other districts, but this district is22 very well configured at this point in23 time in the history of Philadelphia. So24 I hope that you look at it and you come25 33 8/16/11 - WHOLE - RES. 4
I'm Wynne8 Alexander, known to some of you. It's a9 pleasure to see you all again, Councilman10 Reynolds, Maria Quinones-Sanchez,11 President Verna and Marian, of course.12 Some of us go back a long way. I'm here13 actually testifying on behalf of Joe14 Garcia, who is also the Vice Chair of the15 National Congress for Puerto Rican16 Rights. Joe had an emergency and so I'm17 going to read his testimony for you.18 It is also very heartening to19 hear the other citizenry that came forth20 today taking their valuable time and21 talking also about the 7th, even though22 they may not live in the 7th.23 Philadelphia's Latino community24 gained almost 60,000 people, according to25 34 8/16/11 - WHOLE - RES. 1105231 the United States Census of 2010. If you2 just enclose the current areas of the new3 Latino population growth, it naturally4 fits right in the 7th District, and the5 City would have a reasonable, healthy and6 more economically viable 7th.7 The Voting Rights Act of 1965,8 as you know and have heard here today,9 prohibits vote dilution in redistricting.10 That was very eloquently discussed by11 Jose Perez of Latino Justice. The12 extremely peculiar shape of the 7th13 Councilmanic District, the obvious14 dilution, the obvious fracturing, the15 fact that it combines communities with16 different interests just in physical17 locations, is barely contiguous, all of18 this marked as a classic example of19 gerrymandering.20 And let's remember not only21 were the people removed from this22 district but the economic engines and23 businesses were also removed from this24 district. If you look at a map of the25 35 8/16/11 - WHOLE - RES. 1105231 7th from 1960, the SugarHouse Casino2 would have been in the 7th Councilmanic3 District. All of that economically4 thriving waterfront would have been in5 the 7th District. And what a crushing6 irony, SugarHouse, named for an industry7 chosen for its historic presence in this8 area of Philadelphia; SugarHouse, a name9 chosen because of all the sugar that came10 in from Jack Frost and the other sugar11 companies for refinement. All along with12 that sugar from Puerto Rico came the13 Puerto Rican sugar cane workers who built14 the industry through hard work, expertise15 and remained loyal Philadelphians. To16 think that we are now separated from our17 community of interest, separated from our18 friends and neighbors, separated from the19 waterfront and the successful industry20 that we so diligently and painstakingly21 worked to build up, this crushing irony22 can no longer be allowed to exist. This23 illegality can no longer be allowed to24 exist. In the name of the 1965 Voting25 36 8/16/11 - WHOLE - RES. 1105231 Rights Act, we want our district back, we2 want our neighbors back in our district,3 and we want the boundaries to include the4 economic engines that would make our5 district flourish in the future. With a6 proper 7th Councilmanic District, the7 Latino community of Philadelphia will8 finally have in this century what it9 should have had in the last.10 LatinoLines looks forward to11 seeing the Council's maps and looks12 forward to testifying at that time as13 well. We thank you very much and most14 sincerely for taking this matter under15 the serious consideration that you have16 demonstrated.17
Thank18 you.19 Are there any other witnesses20 on your panel?21
Thank23 you again for coming in.24 Our next witness?25 37 8/16/11 - WHOLE - RES. 1105231
Good morning,5 everyone. I am here on behalf of the6 42nd Ward community. As of September of7 2010, we started having monthly community8 meetings, and the issue of redistricting9 having come up very often in our10 community meetings. Our community11 meetings, we have active participants12 that vote on a regular basis. Our13 attendance is in the range of 60 to 8014 residents that reside at our meetings.15 In regards to redistricting in16 Philadelphia, the 42nd Ward, I understand17 "one person, one vote" standard model for18 redistricting that would be used for19 Pennsylvania. Despite the fair-sounding20 name, there are lots of ways of making21 districts that have equal populations but22 turn out very unfair anyway. "One23 person, one vote" says nothing about the24 shape, ethnicity or economic makeup of25 38 8/16/11 - WHOLE - RES. 1105231 the districts.2 In the 42nd Ward community, we3 have 25 precinct divisions. Prior to4 2000, we had the 1990 census, which our5 precinct divisions had more compact, one6 Councilperson who represented the whole7 42nd Ward. This allowed for more8 togetherness in our community. After the9 2000, 42nd Ward community was sliced into10 three Council districts.11 So what we're asking for is to12 ensure that the lines are drawn in the13 public interest of our community.14 I thank you for letting me15 testify.16
I'd like20 to say thank you to Elaine Tomlin, who I21 represent part of that district, but I22 think we did very well, though, with the23 three.24
But I2 understand what you're saying. Thank3 you. Thank you for taking time to come4 down. You're a hard-working community5 leader, and we appreciate you.6
Good morning.11 George Matysik, M-A-T-Y-S-I-K. Good12 morning, Madam President, members of13 Council. I'm here today not to advise14 you on how to best draw a map that's15 equitable and fair, because I have no16 doubt that you have every intention of17 doing so. I'm here today to take issue18 with interpretation of the guiding law19 which dictates the building blocks we use20 to draw the map.21 As you know, Section 2,22 Subsection (102) of the City Charter23 states, "It shall be the mandatory duty24 of Council to redistrict the City within25 40 8/16/11 - WHOLE - RES. 1105231 six months after the publication by the2 U.S. Census Bureau of the population of3 the City at each decennial census. Each4 district shall consist of a ward or5 contiguous wards containing as nearly as6 possible the population factor obtained7 by dividing the City's population at the8 preceding decennial census by ten."9 Now, my understanding is the10 last time Council received a legal11 opinion on this, on the splitting of12 wards, correct me if I'm wrong, was 1971,13 which stated it was legal. However, at14 that time, the primary court decision15 used to determine the legality was the16 Pennsylvania Supreme Court case of17 Newbold versus Osser of 1967. At that18 time, the court did not recognize that a19 claim of political gerrymandering was20 cognizable under the Pennsylvania21 Constitution. However, more recent court22 decisions were taking a new look at the23 issue.24 My appeal today is merely that25 41 8/16/11 - WHOLE - RES. 1105231 Council will request a current legal2 opinion on the allowing of splitting3 wards to create Councilmanic districts.4 I believe keeping whole wards was the5 original intent of the law and would help6 solve many of the issues brought up here7 today.8 The ward map, for all its9 faults, is often drawn over the same10 boundaries as our neighborhoods and will11 allow for less artistic interpretation of12 our districts.13 I thank you for your time and14 hope that you will request a current15 legal opinion of Section 2, Subsection16 (102). Thank you.17
Thank18 you very much. We appreciate your coming19 in to testify.20 Our next witness?21
Good morning, Madam25 42 8/16/11 - WHOLE - RES. 1105231 President and members of Council. Today2 and over the coming weeks, many people3 will present recommendations for how a4 district should be redrawn. In fact,5 Councilmembers Green and Sanchez can6 attest to a contest involving over 1007 participants in this process already. In8 light of that, I will speak about reform9 of the process itself and not about the10 actual specific drawings of the11 districts.12 As you and others involved in13 the process know, redistricting isn't14 simply a game of Tetris where you are15 just putting blocks together. There are16 politics involved, and this has a degree17 of necessity to it. Our governmental18 representatives do need to make sure19 districts represent a level of community20 continuity. The problem arises when the21 politics for the constituents is trumped22 by the politics for the elected official.23 This is most apparently -- this most24 apparently takes place with25 43 8/16/11 - WHOLE - RES. 1105231 gerrymandering, drawing districts for the2 incumbents and not for the constituents.3 City Council has a rare4 opportunity. You have a solid majority5 of members that either have no district6 boundaries or have no reelection7 concerns. Before the session closes, I8 request Council works on and passes9 legislation that sets bright-line10 compactness parameters for districts.11 This is an opportunity to put reasonable12 constraints on the political13 considerations that go into14 redistricting.15 Thank you for your16 considerations.17
Thank18 you very much. We appreciate your coming19 in to testify.20 Our next witness?21
Good morning, and25 44 8/16/11 - WHOLE - RES. 1105231 I appreciate the opportunity to speak to2 you all. My name is Herbert Kaplan. I'm3 President of 220 West Rittenhouse4 Condominium Association. I am President5 of the Rittenhouse Square Community6 Coalition, and I serve on the boards of7 the Friends of Rittenhouse Square and8 also the Center City Residents9 Association. I am here today to10 represent the position of the Center City11 Residents Association.12 It has two proposals. The13 first, in keeping with the general goals14 of the redistricting process, we, the15 Center City Residents Association,16 request that the 8th Ward be placed17 within one Council district so that we18 can look to one Council representative to19 address the concerns of our neighborhood20 and so that we can speak with a united21 force, a unified voice at the ballot box.22 The second consideration, the23 second proposal, is consistent with the24 Committee of Seventy, and we are asking25 45 8/16/11 - WHOLE - RES. 1105231 that the redistricting process be open2 and public and that a citizen group, a3 commission, be established to allow for4 that public discussion to take place. In5 all of the matters we're consistent with6 the Committee of Seventy and other7 organizations within the Rittenhouse8 Square area, Ward 8.9 Thank you very much.10
Jordan Gwendolyn14 Davis.15 (Witness approached witness16 table.)17 JORDAN DAVIS: Hello. Jordan18 Gwendolyn Davis, queer rights activist19 and blogger.20 I would just like to say that I21 think that the gayborhood should be moved22 out of the 1st Councilmanic District. I23 honestly think that Kenyatta Johnson, who24 is in the neighboring district, would be25 46 8/16/11 - WHOLE - RES. 1105231 a better fit for the gayborhood. I am2 part of the Liberty City Democrats, and3 we found that like Kenyatta Johnson has a4 real grasp of LGBT issues and I'm really5 nervous about allowing Mark Squilla, who6 is connected with DiCicco, who has7 frankly been a little hostile towards the8 LGBT community as of lately. I would9 just say that the 2nd District belongs10 more with Kenyatta Johnson. It's just a11 better match, and that like Mark12 Squilla's district should be moved into13 the 26th Ward in exchange for that.14 I just want to thank you for15 like allowing us to publicly speak, and16 I'd also like to say I second the17 LatinoLines' sentiments right there. I18 think the 7th should be compacted and19 that corkscrew in the Northeast should be20 gotten rid of.21
The22 what?23 JORDAN DAVIS: Like that part24 of the district in the Far Northeast that25 47 8/16/11 - WHOLE - RES. 1105231 looks like a corkscrew, they should get2 rid of that.3
Just4 a moment, please.5 Councilwoman Brown, did you6 have a comment or question?7
Good8 morning. The position you've shared with9 us, is that your individual position or10 that of Liberty City?11 JORDAN DAVIS: It's my12 individual position. I just think that13 Kenyatta Johnson would be a better fit.14
Thank16 you.17 Do we have anyone else that18 would like to testify? We have completed19 our witness list.20 (No response.)21
I22 would like to remind everyone that the23 next hearing date will be Wednesday,24 August 31st at 5 o'clock, and then we25 48 8/16/11 - WHOLE - RES. 1105231 will have another hearing date scheduled2 for Tuesday, September 6th at 7 o'clock.3 So I believe that this will conclude our4 hearing for today and perhaps we will see5 many of you again on Wednesday, August6 31st.7 Thank you very much. We do8 appreciate your coming in. Thank you.9 (Committee of the Whole10 concluded at 11:30 a.m.)11 - - -12 49 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on August 16, 2011, and that7 this is a true and correct transcript of same.8 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23