The witnesses are excused. The witnesses are excused. Now, leave.
If you have anything to say, I will allow you now to sit at this witness table and say it. You may sit at the witness table and say what you have to say. (Applause.)
My name is Patricia MacNamara. I'm CEPA's educational director and I'm here to ask when the public gets an opportunity to testify in these proceedings?
This is your opportunity right now. AUDIENCE MEMBER: Okay. It's open to the general public then?
Please 60 COMMITTEE OF THE WHOLE - 980481, 980482 identify yourself for the record and proceed with any statement that you have.
My name is Patricia MacNamara and I'm the educational director of CEPA, Consumer's Education and Protective Association. And we have a question. We would like to know what the position is of the Board members that are representing us, why we don't have input to demand that they support binding arbitration to end the strike? (Applause.)
There's something wrong when the people that are most hurt by the system don't have any input into the people who are supposed to be representing their interests.
Thank you very much. That question has been covered over and over and over again by Councilman Cohen, Councilwoman Clark, and a number of other people. This record is full of testimony on it. If you were here, you would have heard it.
The question was, when do people have the opportunity to testify on whether or not the these folks should be reconfirmed? 61 COMMITTEE OF THE WHOLE - 980481, 980482
Well, the Chair wishes to direct this question to the members of the committee. We either have to take action on these resolutions now, take action on them after Council session, or we have to take action on them in the fall if there is to be further public testimony. We cannot have further public testimony at this point in time. And the chair wishes to have some guidance from the members of the committee on it. The Chair recognizes Councilwoman Clark.
Mr. President, I move that we dispose of this resolution today.
I move that we dispose of this resolution today. (Duly seconded.)
Now, there is a motion. Question on the motion.
Mr. President, does the proposer of the motion mean today in the 24-hour period today, or today now?
Chair 62 COMMITTEE OF THE WHOLE - 980481, 980482 recognizes Councilwoman Clark.
Now, in order to consider these resolutions now, there has been a request by at least one member of Council for additional public hearing. My understanding that at the sense of the motion is that we end the public hearing and go on to a public meeting and consider a resolution. The Chair recognizes Councilman Ortiz.
Mr. President, I want this to be done right now because I have to leave for a very important City-related business at 12 o'clock today, and I want to have this resolution 16 and vote on these two individuals before I leave on that trip.
I believe that we have no power to act at the following a public hearing at which the public has not been heard. I think we have -- we don't have the power legally to shut off testimony of the public when the public has 63 COMMITTEE OF THE WHOLE - 980481, 980482 not been heard. Say, for one witness, I think there has to be a representative grouping of testimony and I think both can be met. I think we can have representatives who wish to be heard that are in the public. I see large numbers of union members. I think a union representative ought to be permitted to speak on their behalf, and if there's any other separate interests, I think they ought to be heard. And then I think we can act and act promptly today on the motions.
Anyone else wish to be heard? Councilman Nutter.
Thank you, Mr. President. The question that was asked earlier regarding the public testimony, I think I'm trying to understand the nature of the question. This hearing was originally scheduled for yesterday. It was advertised?
Yes. This was a duly advertised hearing on this resolution of the Council Committee of the Whole. This is the kind of resolution that we don't even have to have a public hearing on if we don't want. The resolution 64 COMMITTEE OF THE WHOLE - 980481, 980482 can be introduced. The rules can be suspended. We can approve these nominations without any public hearing at all. We are well within our rights to do it. We do not ordinarily like to have public consideration of a resolution without having significant opportunity for the public to testify. And frankly speaking, I think the representatives of Septa answered the questions. I represent they answered the questions in a fair and honest way. If Councilman Cohen insists that we have -- and if he is substantially supported, then we will recess these hearings to the call of the Chair and we will make arrangements to have an opportunity for people to come, other people to testify. We cannot do it now. We cannot do it now. It is now almost 10:30. We have 80 bills that are on the second and final reading passage calendar. We have two presentations. We have a clergyperson. It is unfair to those people. This hearing was scheduled for 8:30 this morning. I was here at 8:30. No 22 Council member was here at 8:30 and we didn't get started until late. And it is unfair to all of the people that will be inconvenienced by our now deciding to have a lot of testimony from the general 65 COMMITTEE OF THE WHOLE - 980481, 980482 public.
May I ask one question, sir? Would you be good enough to ask if there is a representative out of the Local 234 who wishes to be heard? Give them three minutes, four minutes.
Councilman, it is unfair because there are representatives from CEPA who are here who want to testify , and if we start having public hearing testimony, then we are going to take it. I have no objections to taking it. My only concern is that we've been here, we have all these other people here. Councilmembers took the time that we were entitled to take. It is now time for us to do the other business of this Council. That's all my point is. We have all these other people coming. And if you are going to insist it is unfair to the general public, I'm going to support you in it because I think if we open up to the general public, we have to open it up to the general public. We won't be able to do it now. And I have no reservations about having the general public. I think it's unfair For CEPA people to be here and others and then we say, "Well, we're going 66 COMMITTEE OF THE WHOLE - 980481, 980482 to take one representative of the union and tell everybody you else you can't be heard." So my recommendation to the Committee is either we end it, act on the resolutions, or else we recess and give everybody who wants to testify an opportunity to testify at another time. Now, to me, those are the only rational choices we have. There is a motion on the floor. Now, I just want to make sure that everybody understands where we are. This is where we are. The motion essentially is -- and Councilwoman Clark? Excuse me, Councilwoman Blackwell, could you ask your aid to step back? I want to be able to see Councilwoman Clark. I would like to restate your motion for you, and if you will agree to it, then let this be the motion. And the sense your motion is that we end the public hearing and consider the resolutions now. Is that the sense of your motion?
Is there a second to that? (Duly seconded.) Council
Is there any 67 COMMITTEE OF THE WHOLE - 980481, 980482 discussion on that motion?
I will call the role. Those voting aye will be voting in favor of the motion, those voting no will be voting against the motion. The witness can step back. Thank you. Councilwoman Clark.
Councilwoman Miller. 68 COMMITTEE OF THE WHOLE - 980481, 980482
Councilman Rizzo. 69 COMMITTEE OF THE WHOLE - 980481, 980482
Councilmember Street voting aye. The ayes are ten, the nays are five. The resolution passes. This brings us to the end of our public hearing. We're now go to our public meeting. - - -
The Chair recognizes Councilwoman Verna for a motion on resolution No. 980481.
Thank you, Mr. Chairman. I move that Resolution No. 980481 be reported out of Committee with a favorable recommendation.
All in favor, let it be known by saying aye. Can we have a role call? We'll have a role call. This is the Richard Voith resolution. Those voting aye will be voting in favor. Those voting no will be voting against. Councilwoman Clark.
Councilwoman 70 COMMITTEE OF THE WHOLE - 980481, 980482 Blackwell.
Councilman 71 COMMITTEE OF THE WHOLE - 980481, 980482 Ortiz.
The ayes are nine, the nays are five. The motion passes. It is so ordered. The Chair recognizes Councilwoman Verna for a motion on resolution 980482. Those voting aye will be voting in favor of the motion. Those voting nay will be voting against the motion. The Chair recognizes Councilwoman Verna.
Mr. Chairman, I move that Resolution No. 980482 be reported out of 72 COMMITTEE OF THE WHOLE - 980481, 980482 Committee with a favorable recommendation. (Duly seconded.)
Councilwoman 73 COMMITTEE OF THE WHOLE - 980481, 980482 Fernandez.
The ayes are 12, the nays are two. The motion passes. It is so ordered. Thank you very much. This brings us to 74 the end of our public hearing Council Committee on the Whole. (Adjourned at 10:30 a.m.) - - - 75 C E R T F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of June 18, 1998, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE OF THE WHOLE ___________________________ Lisa C. Bradley, RPR and Notary Public