Excuse me. Councilwoman Tasco, your light was on. Did you want to be recognized?
Yes, sir. I was going to recognize you now. Councilman Rizzo.
We all know in this legislative body -- and I've been doing the arithmetic -- that eight-eight, the legislation fails. I'm in support of this legislation. I think the worst thing that can happen today, that we vote on this legislation; it fails. So, I'm going to ask the sponsor of this legislation to hold this legislation Stated - 3/17/05 today because I think it would be more damaging. And I support this. I planned to vote yes for this. But I can tell you that if we voted -- if it goes to a vote, and it's a tie vote, it fails. So, I'm encouraging the sponsor of this legislation to consider just delaying this or doing whatever is necessary to hold this vote today. And let's work on it. Let's see if there's some amendments that would be acceptable to the sponsor, but the last thing I'd like to see happen today is that this legislation fail. Thank you, Madam President. I don't know if the sponsor was here to hear that, but I hope he did.
I would ask the Chief Clerk to again start with the roll call.
Yes, Councilman Cohen. I'm sorry. Your Stated - 3/17/05 microphone is not on. We can't hear you.
I don't know where Councilman Nutter is, but he probably had to go for some urgent call. But as almost the second sponsor of the bill, because I've told Councilman Nutter on many occasions I thought it was time for the bill to move. And if he wasn't going to move it, maybe I would try to move it. I would accept the request made by Councilman DiCicco, with the one limitation that it's my view that this session of Council, between now and mid June when we recess, has to face this decision. And I urge those who are ready to vote no today to reconsider and join the growing number of Americans saying, it's time to end this menace. Let's stop curing tobacco, let alone smoking it in the wrong places. So, I favor very much this extension of time. And I know that Councilman Nutter, I feel confident would also support this motion by Councilman Rizzo. When I mentioned Stated - 3/17/05 Councilman DiCicco is requesting the delay, it was Councilman Rizzo.
Thank you, Madam President. Madam President, while I was out of my seat and was engaged in other conversation, I'm aware of comments made by Councilman Rizzo with regard to the matter before us. There have also been other conversations with members on the floor, who are both supporters and non-supporters. In view of those conversations, and notwithstanding the previous action, based on the comments from Councilman Rizzo and other members, I would request at this time that we hold the matter. (Groans.) We will be back in session. We will be back in session very shortly. And at our next session, Madam President, I would expect that this Council will take one of two Stated - 3/17/05 actions: We will either make adjustments or we will vote the matter at our next session. Thank you, Madam President.
You're welcome. At the request of the sponsor...
Councilman, just a moment, please. I think you deserve a little more respect than you're getting.
I concur with Councilman Nutter's recent comments. I would, however, request that we don't lock ourselves into a week. I think that everybody wants to get to a place where everybody's comfortable, and that we accomplish the mission of the bill, but I don't know if it can be done in a week. And I just don't want to lock us into that Stated - 3/17/05 one. I don't want to drag it out forever, but I just think seven days may not be enough for our discussion. So, I'd just rather leave it open ended, with the idea of getting it done as soon as possible. Two weeks.
Thank you, Madam President. I appreciate the comments of my colleague. Due to the nature of our calendar, we are next in session on the 31st. That gives us actually two weeks. Under the circumstances, I would at least submit, based on the many discussions, that is more than enough time for to us try to figure out either one solution or the matter will then be back before us, and we should then just vote on the bill. So either make adjustments or vote the matter and take action.
Thank you, Stated - 3/17/05 Councilman. Councilwoman Tasco, your light is on. Did you want to be recognized?
Yes. I'd just like to say I concur with Councilman Kenney. And I'd say to the supporters of this bill that sometimes you have to kind of like wait till you know the time is right. And if Councilman Mariano said today is not the day, we might be, somewhere down the line, getting there. But in the end, as he said, we will get there. And as a supporter of this bill, I do support Councilman Nutter in holding it until further deliberations and considerations can take place.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Councilwoman Tasco pretty much beat me to what I was going to say. But I have to agree with Councilman Kenney. Stated - 3/17/05 Next week is Easter weekend. I know some people may be going to, like, the southern council chambers in Miami. Not myself but a few other people. Councilwoman Tasco won't be. So, if we lock ourselves into two weeks. I mean, I'm ready to vote today. Some people are; some people aren't. So, we're willing to delay it, because we want to make a compromise and make everyone happy, if that's possible. But two weeks... It might not happen in two weeks. I just want everyone to be aware if it's three weeks or four weeks, it's still going to be happen. It's not going to be two years, but it's going to be... We don't know how this is going to go. It should go one way, but let's see. Just want to make that clear.
Very well. Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam Stated - 3/17/05 President. I want to thank Councilman Nutter for accepting my recommendation on this very, very important legislation. And I believe if we have a bit more time, we can work on this and get it to where it's acceptable. Thank you.
You're welcome. The Chair recognizes Councilman Nutter.
Thank you, Madam Chair. In the realm of possibly speaking a little too quickly, recognizing that we are coming up on a religious holiday situation, which is the reason that we're not in session next week, but also recognizing some of the schedules of colleagues, I would amend my earlier comments to say that I would at least seek that we take more immediate action, with no particular -- I talked about the 31st. I know that's the session that we're next in on. But my only efforts there was to try to Stated - 3/17/05 put some sense of a end date somewhere between now... I like it to not be somewhere between now and infinity. So, somewhere between now and a relatively short period of time, whatever that time might be, but relatively short, out of respect to the people who care about this particular issue, and those who I know care about it but may not be able to support the matter in its current form, I would only ask my colleagues, to the extent that they are interested and available, that we get as much information as possible about their concerns and seek to resolve this matter once and for all in a respectful time frame. Thank you, Madam President.
You're welcome. So if there is no objection, the sponsor of Bill Number 050063 has requested that it be held. If there is no objection, that request will be abided by. Councilman Cohen.
You may be resolving my question by your next few words.
Well, I wanted to know what Councilman Nutter proposed. He has an absolute right as sponsor of this bill to withdraw it from consideration today. That's all that's needed, and that's what ought to be done.
Councilman Clarke, your light is on. Did you want to be recognized?
Yes, Madam President. Madam President, because we started a roll call, I think I was recorded as voting no.
I know. And the roll call certainly will be deleted, in view of the sponsor's request.
Thank you. Okay. The next bill to be called for consideration is Bill Number 040133-A. I would ask the Chief Clerk to just wait a moment. We will wait until our guests leave. (Pause.)
I would Stated - 3/17/05 ask our visitors to please leave as quietly as possible. Again, I'm going to request that the Chief Clerk please read the title of Bill Number 040133-A.
An ordinance amending Section 17-104, entitled Prerequisites to the Execution of City Contracts, by adding a new subsection entitled Slavery Era Business Corporate Insurance Disclosure and recodifying Section 17-104, by incorporating various technical changes, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally. The Chief Clerk will please call the roll. Yes, Councilman Kenney.
Yes. About this, I was waiting. I thought that perhaps one of the co-sponsors of the bill was going to say a few words. But I wanted to just go on record as Stated - 3/17/05 to thanking them... Could I have a moment? I would just like to read a little something for the record that I think is important to have said before we vote on this bill.
I think that the sponsors of the bill should be commended for their effort. And I know they've taken a little hit recently in some of the editorial pages. But I just think it's very important and I think it's and right and necessary that we disclose and acknowledge this great tragic sin of our nation which is slavery. The economy of our nation, the distribution of our wealth, is in many ways rooted in the practice of slavery. Corporations should disclose their involvement in slavery despite how long ago their company was involved. Some people say that this tragic sin happened so long ago Stated - 3/17/05 that we should just get over and it move on. And I think that's wrong. I think that's wrong. We will never get over it. The sin was too great. But we can begin to try to -
Councilman Kenny, just a minute, please. The noise level is much too high. Anybody having private conversations, I suggest you do it in the corridor.
Thank you, Madam President. I believe that corporations should disclose their involvement in slavery, despite how long ago their company was involved. Some people say that the tragic sin happened so long ago, people should just get over and it move on. That is wrong. We will never get over it. The sin was too great, but we can begin to try to redeem our nation by facing this issue, acknowledging the wrong, and trying to study how we try to make amends. Stated - 3/17/05 If that means the study of the issue of reparations in whatever form, then so be it. We made reparations, rightly so, to Japanese Americans wrongfully held during World War II. American slaves were held longer, treated harsher, had their families divided, and America built a strong economy on their backs. The only way to have the information necessary to try to redeem this sin is to have disclosure from corporations that were involved. (Applause.)
Now, some people say, we weren't here in America then. We never held slaves. We are not responsible. That's true. But when we came here, the economy of our nation was already firmly established through slavery. And since we are all Americans, we are still responsible for its redemption. It is important for legislation like this to face ourselves, to try to redeem our Stated - 3/17/05 nation. And unless we try to do so honestly, it will never happen. And this is a step in the right direction. And I think it's important for non African American elected officials and others to stand up and say things like this, so that we can face this problem and try to make whatever amends we can for what happened in our country's history. And I commend the sponsors for the bill, and I'm proud to vote for it. (Applause.)
Thank you. The Chair recognizes Councilwoman Brown.
I thank you, Madam President. I simply wanted to say a huge thank you to my colleague, Councilman Jim Kenney for his remarks. They need to be underscored, capitalized with exclamation points. And I do want to thank my co-sponsor of this bill, Councilman W. Wilson Goode, and Stated - 3/17/05 to acknowledge ATAC, Avenging The Ancestors Coalition, strong supporters of this piece of legislation. Thank you, Madam President.
The Clerk will please call the roll. The Chief Clerk will please call the roll.
The nays are zero. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
Is Councilman Nutter in the room? (No response.)
While we wait for our colleague, Councilman Nutter, I would also like to acknowledge N'COBRA, another important organization here in our City that had an active voice offering testimony on this legislation. I thank them as well.
Welcome. Councilwoman Brown, would you like to cast your vote on Bill Number 0413 -- I'm sorry. 040133-A? Oh, I'm sorry. Councilwoman Miller.
So the record will reflect at the moment the vote is 15 to nothing. At this time I would ask the Chief Clerk to please read the title of Resolution Number 04 -
Madam President, I apologize. I was out of my seat. I believe there was a vote that just took place on... I believe this is actually Councilwoman Reynolds Brown's bill.
Yes. Madam President, I wish to be recorded as voting aye.
Very well. The record will so reflect that. Again, I would ask the Chief Clerk Stated - 3/17/05 to please read the title of Resolution Number 040818.
A resolution proposing an amendment to the Philadelphia Home Rule Charter, relating to City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment of the electors of Philadelphia.
The Chair recognizes Councilman Nutter for a motion.
Thank you, Madam president. Madam President, I move the adoption of the Resolution. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that Resolution Number 040818 be adopted. Since Resolution Number 040818 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the members of this Council. At this time I would -- Councilman Stated - 3/17/05 Nutter, your light's on.
Thank you. Yes, Madam President. I only put my light on because at the appropriate time I just wanted to speak on the matter, but you were speaking.
Well, I think we're ready for the roll call. So, if you want to speak on it, I believe this would be the appropriate time.
This might be the time. Thank you, Madam President. Madam president, this particular resolution, which is a proposed amendment to our Home Rule Charter, is for the purpose of giving this Council the authority to legislate in the matter or in the area of contracts as well as concessions, and provides new definitions for what is or is not a one-year contract. That is the purpose of this particular amendment. There is, of course, a bill that would implement some of those Stated - 3/17/05 items. But on this particular matter the Charter change... I don't want to say merely, but the action of the Charter change is to allow for Council to legislate in a particular area. This is not the legislation, but gives this Council the power to legislate in this regard. And I just wanted to make sure that that distinction was clear. There is another -- There is a bill that deals with what those powers are and any process that might be created under this particular measure, but this is not the legislation that puts those procedures or provisions into place. And so, I would ask for support for this resolution, to at least get a question on the ballot, and allow us to have the authority to legislate in a particular area. We can certainly continue a discussion, if not a debate, on what that legislation should be. But I certainly believe, at a minimum, we should seek to enable a change to the Charter, to give us Stated - 3/17/05 the power to legislate in the particular area and put a question on the ballot. Thank you, Madam President. (Applause.)
You're welcome. Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I am going to vote no on this resolution. And while it does give the public a say in what we could or could not do, I am mindful that there is another bill on the agenda that would lay out those powers. And I do not support what is in that legislation. And the reason I'm going to speak on that, so people -- I don't know whether that legislation comes up, depending on how this resolution fares. I want people to understand where I'm coming from, relative to all of this. And what I'd like to say is that as we move forward to our efforts to eradicate Stated - 3/17/05 the pay-to-play culture that has marred our City, we must enact reforms that address the root of this problem. In this regard, we must be careful that we do not adopt legislation that creates negative and unintended consequences, that will have a detrimental effect on Philadelphia's vital institutions that are not part of this problem. Although I commend Councilman Nutter in his exhaustive efforts to address this issue, I am concerned that these institutions will be negatively affected by the proposed legislation that may come up. And we have not had an opportunity to provide input into the discussion regarding ethics reform. If the proposed bill is called which will be allowed if this resolution is passed, non-profits, particularly in the health and human services community, will have to participate in an annual process which may be subject to Council approval by ordinance to provide professional services contracts. Stated - 3/17/05 Through this process, we risk harming the very constituents that these non-profits were formed to help. For example, and adolescent that was receiving behavioral health services in the Northwest may decide to stop receiving these services because he or she is unable to go to the new service provider based in West Philadelphia or some other place. And since the provider provides that -- that provider was providing multi services to the adolescents, he would not be providing this service. And it creates a non-continuity of services. Considering these issues and concerns, a broad discussion should be held regarding reform, so that the various entities and organizations in our City that will be affected by this legislation can have some input into the process. We spoke to Craig Hollman, who has been quoted a number of times in the local press, that this would be the best and the strongest campaign finance law. Stated - 3/17/05 He stated, and I quote, that pay-to-play really focuses on the for-profit business community. And I concur and believe that our reform should focus on the types of businesses that are at the heart of Federal corruption trials, and not at the non-profit corporations that are far removed from this type of fraud. So, that's why we voted on this resolution because it enables the Bill 040772, if passed.
Thank you. The Chair recognizes Councilman Cohen.
I have a question of Councilman Nutter. I did not understand that a resolution could authorize Council to have no powers. I believe it has to be a bill. So I would appreciate if you would explain what legislation is being presented today, in whatever form he wishes to, so that everybody understands what we're doing.
Why are you presenting a resolution when we don't know what action is going to occur on a bill that the resolution controls?
Very well. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Thank you, Councilman Cohen. In response to your question, as I know the Councilman is quite well aware, in order to amend the Philadelphia Home Rule Charter in accordance with the state statute, the changes to the Charter are made by a resolution. The provisions to enact law are in the bill that will come up later. That's, I believe, 040772. But as the Councilman knows, in order to get a question on the ballot, in order to amend the Home Rule Charter, there is a bill for the question -that's 040771 -- there is a resolution that's required to change the Home Rule Charter, as Stated - 3/17/05 we have in the past. That's Resolution 040818. 040818 is the matter that's in front of us right now. It is the resolution to propose changes to the Philadelphia Home Rule Charter which then allow for Council the authority to legislate, with regard to the issues of contracts or concessions, and provide a new definition for what is or is not a one-year contract. So this is a proposed change to the Home Rule Charter, and it must be done by resolution. There is a bill that then puts a question on the ballot that allows that resolution to go into effect.
Well, does the resolution authorize anything to be printed on the ballot?
No. Councilman, there is a Bill 040771 which contains the actual ballot question. Stated - 3/17/05 Passage of that bill will put a question on the ballot. But you also have to have the resolution passed as well. You can't have one without the other.
The resolution. Any change to the Philadelphia Home Rule Charter requires a passage of a resolution by two-thirds vote.
And what you're proposing, you're proposing for action today to see whether or not there will be 12 votes. Is that it?
You have to have 12 votes for it to go forward, Councilman.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. Stated - 3/17/05 All the debate has started on Bill 040772. It's my understanding that we're actually voting on the Charter change legislation first. And I don't necessarily understand why any member of Council would not give us the power to deal with this issue, whether they agree with the provisions of Bill 040772 or not. I do accept what Councilwoman Tasco said, that she's against the Bill 040772; therefore, she will be against this resolution. So, not to speak too early on Bill 040772, but to address some of the comments she made, I agree with some of the opponents of this legislation that you can't legislate morality. But nonetheless, I do strongly support this measure and will be voting in favor of it. While we can't legislate morality, it is our responsibility as lawmakers to craft and enact rules and regulations to Stated - 3/17/05 promote fairness, equality and a level playing field. Without a favorable action today, there will remain an unethical status quo in the City, that did not begin with this administration, but must end now. The business of awarding no-bid contracts has been politicized and corrupted by not limiting campaign contributions in the process. Reform of this process is threatened today by discussion of the impact on no-bid contracts for non-profit organizations. That is disturbing to me. Today I speak as a former co-chair of the Greater Philadelphia Chamber of Commerce Non-profit Council and as a former Director of Non-profit Development for the City's Commerce Department. I know from experience the good and the bad about non-profits. Non-profits should not be put on a pedestal because of their stated charitable missions. As I said, I know both the good and bad. Stated - 3/17/05 Too many non-profits hide behind the label of charity and seek to maintain a similar unethical status quo. While they don't actually technically derive profits from their social service community development work, they financially benefit from the economically disadvantaged. They pay themselves what they want. They contract with whom they want. They don't always seek to change the condition of the population that they benefit from. Too many are, simply put, poverty pimps, poverty pimps hiding behind a charitable label, poverty pimps that don't practice inclusion and diversity in who they hire and who they gave contracts to, hypocrites. Not all, but far too many. We cannot hold up this reform process for them. In fact, Councilman Nutter has already amended this legislation to allow us to sort out what no-bid contracting needs to be done with non-profits and what doesn't. Particularly for the many that don't Stated - 3/17/05 practice economic inclusion, why should they receive no-bid contracts to provide services to the economically disadvantaged? There is a lot of reform that needs to take place in the City. Let's move forward. Maintain the status quo often means maintaining economic disadvantage. Why not make rules for new non-profits, led by women and people of color, to compete or even for-profit entities led by women and people of color? It's their tax dollars, too. At the heart of this issue for me is an absolute level playing field economically. I'll be voting yes, and in doing so and in commenting on Councilwoman Tasco's comments, will also say she has absolutely be a champion, in terms of exposing the lack of competition, in terms of social service contracts. Thank you.
You're welcome. Is there anyone else to be Stated - 3/17/05 recognized? The Chair recognizes Councilman O'Neill.
Yes, Madam President. Thank you. This may be our only chance to speak on this legislation today, I understand, if the resolution does not get 12 votes. And I just think it's imperative that we not walk away from this chamber without having enacted pay-to-play legislation. The ability -- And I think Councilman Goode stated it perfectly. I would hope that even if someone were against the particular bill and felt it needed amending later or felt there was some problems with it, would at least give the Council the right to vote on that bill. And so I hope people even thinking in the negative on the bill would consider voting for the resolution. This is something whose time came yesterday. And I believe we have to send a Stated - 3/17/05 message out, send it as loud and clear. If there is something in a non-profit area that we haven't done, that can be dealt with later. That's a tiny issue, not a small issue. It's a tiny issue. But let's also not look at non-profits as if they aren't big business because many of them are much bigger business than we traditionally think of our for-profits. And to think that they're not out in the world in many cases trying to do or doing the same thing as those for-profits that we all agree on, I think is just missing reality because for-profit sometimes is just a figure of speech for the tax return when the I.R.S. gets your return at the end of the year. But I think we have to send a message loud and clear. And I think the perfect time to do it is while the matter is going on as we speak and will be going on for the foreseeable future at 6th and Market, that we tell the public that we're going to deal with this, and we're going to deal with Stated - 3/17/05 it in a very strong way. Thank you.
You're welcome. Does anyone else wish to be recognized? (No response.)
Seeing no one, I would ask the Chief Clerk to please call the roll. The Chief Clerk will please call the roll.
The nays are 5. The ayes are 11. The resolution fails. Stated - 3/17/05
The resolution fails. I would now recognize Councilman Nutter as to what his position is regarding Bill Number 040771 and 040772-A.
Thank you, Madam President. I think we're in one of those situations where if there's no change -
-- to the Charter, then there's no ballot question, and there's no -
So you're going to just ask that both bills be held.
Okay. Stated - 3/17/05 Thank you. At this time I would ask the Chief Clerk to please read the title of Bill Number 050064.
An ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax, by providing for the calculation of the credit against net profits tax, based upon net income tax liability, all under certain terms and conditions.
Thank you. This bill having been read on two different days, the question now is, shall the bill pass finally. The Chief Clerk will please call the roll. The Chief Clerk will please call the roll.