►
Description
Jan. 28, 2015 - The Law and Government Committee of Philadelphia City Council hears testimony on Bill No. 140904, amending various sections of Title 9, entitled "Regulation of Businesses, Trades and Professions," and Title 10, entitled "Regulation of Individual Conduct and Activity," of The Philadelphia Code, to provide for suspension of their effectiveness pending State authorizing legislation; and amending Section 10-819, entitled "State of Emergency," to delete certain language; all under certain terms and conditions. The Committee also hears testimony on Bill No. 150001, Amending Chapter 17-2100 of The Philadelphia Code, entitled "Conflicts Counsel Contracts," by requiring that certain City contracts dealing with the provision of services for indigent legal defense may only be made when permitted by ordinance where the contractor is the Defender Association of Philadelphia, the Support Center for Child Advocates, or Community Legal Services; all under certain terms and conditions.
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C
Fader
I'm,
the
chief
deputy
city
solicitor
for
the
appeals
and
legislation
unit
in
this
city
law
department.
As
this
committee
is
probably
aware,
the
NRA
is
running
around
the
state
filing
lawsuits
against
municipalities
for
various
ordinances
relating
to
firearms.
They're
doing
this
pursuant
to
state
legislation
that
was
recently
enacted
that
purports
to
expand
the
standing
of
parties
to
bring
such
lawsuits.
C
We
have
a
lawsuit
pending
in
the
commonwealth
court
to
challenge
the
constitutionality
of
that
state
legislation,
and
we
feel
pretty
good
that
we're
going
to
win
that
case
and
that
the
NRA
will
ultimately
not
have
standing
to
bring
these
lawsuits.
However,
we
can
never
be
sure
that
we're
going
to
succeed
in
such
an
endeavor,
and
so
the
legislation
you
have
before
you
would
I
believe,
put
the
city
in
a
much
better
position
to
defend
some
very
important
legislation
that
this
council
has
passed
over
the
past
few
years.
C
Learning
firearms.
The
reality
is
the
state
has
a
statute
which
prohibits
the
city
from
regulating
the
possession
or
ownership
or
use
of
firearms,
the
preemption
provision,
which
causes
all
kinds
of
problems.
We
have
a
number
of
very
important
bills,
which
we
believe
we
can
successfully
defend
in
court
against
an
inevitable
challenge,
most
notably
the
requirement
that
people
report
their
lost
or
stolen
firearms
to
the
police
within
48
hours.
C
We
have
also
a
whole
series
of
ordinances
on
the
books,
most
of
which
date
back
prior
to
any
of
the
committee
members
service
on
the
council,
which,
if
they
remain
on
the
books,
will
make
it
more
difficult
for
us
to
defend
the
current
law.
The
lawsuits
that
the
NRA
has
already
filed,
one
lawsuit
and
we
would
anticipate
further
lawsuits
if
the
legislation
in
the
state
is
allowed
to
expand
the
standing.
C
So
we
would
record
the
law
department
is
recommending
that
the
council
suspend
the
effectiveness
of
various
ordinances
relating
to
firearms
so
that
they
don't
create
an
unnecessary
distraction
when
we're
defending
some
of
the
very
important
work
that
this
council
has
done.
Having
said
that,
I
would
like
to
make
one
modification
to
my
testimony
and
perhaps
an
amendment
to
the
bill
itself
on
further
reflection.
C
If
God
forbid,
it
were
needed,
and
so
I
have
distributed
to
the
committee
a
proposed
amendment
where
we
would
delete
section
2
of
the
bill
and
not
repeal
that
and
I,
even
though
the
NRA
has
in
fact
included
in
its
current
lawsuit
a
challenge
to
that
provision,
I'm
very
proud
to
be
able
to
defend
that
on
behalf
of
the
city.
That
concludes
my
testimony.
I.
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A
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D
My
name
is
Shira
Goodman
I'm,
the
executive
director
of
ceasefire
PA.
Thank
you
for
having
me
here
today.
We
want
to
just
thank
Philadelphia
for
standing,
strong
and
bringing
the
challenge
to
act.
1
92,
which
gives
the
standing
to
the
NRA
and
other
groups
to
sue
our
cities,
we're
very
proud
to
be
working
with
mr.
fader
and
the
solicitor's
office
on
that
lawsuit
and
our
very
proud
that
Philadelphia
will
be
defending
many
of
its
ordinances.
So
we
thank
you
for
the
work
you
did
in
passing
them
and
the
solicitor's
office
for
defending
them.
D
We
knew,
of
course,
that
Philadelphia
would
be
a
target,
as
usual,
leading
the
way
in
trying
to
protect
its
community
and
stay
strong
here,
and
so
the
effort
today
is
to
make
that
case
even
stronger,
and
we
support
that.
The
one
amendment
that
we
would
ask
you
to
consider
is
there
is
a
provision
that
is
in
fact
being
challenged
by
the
NRA
that
does
give
Philadelphia
Police
broader
authority
to
take
a
tube
and
possession
of
guns
by
people
who
have
an
active
protection
from
abuse
order.
D
We
know
that
that
is
being
challenged
under
the
current
lawsuit,
but
we
would
urge
council
to
think
about
that.
That
is
not
something
that
protects
the
rights
of
law-abiding
gun
owners,
including
that
in
their
complaint,
the
NRA
has
made
clear
that
this
suit
is
not
about
the
Second
Amendment
or
the
rights
of
law-abiding
gun
owners.
D
It's
about
challenging
any
city
authority
to
keep
its
people
safe,
and
so
we
would
urge
you
to
have
special
consideration
to
that,
and
thank
you
again
for
all
the
steps
you've
taken
to
act
in
Harrisburg
failure
to
act
to
give
you
the
tools
you
need
and
cease.
Fire
PA
continues
to
stand,
ready
and
willing
to
help
in
any
way
we
can.
Okay.
A
Thank
you,
Miss
Goodman,
and
certainly
thank
you
for
all
the
work
ceasefire
is
doing
it's
a
something.
That's
extremely
important,
obviously
and
I
know
you're
up
against
some
tough
opposition
there.
So
so
again,
thanks
for
everything,
you're
doing,
and
just
quite
what
you
raised
on
that
one.
The
issue
with
the
protection
against
abuse
is
that
something
that's
in
here
now
or
in
the
bill.
So.
D
Currently,
in
the
protection
from
abuse
act,
judges
have
the
discretion
to
require
surrender
of
firearms.
It
is
not
mandatory,
though,
of
course
that's
something
we're
working
with
our
partners
in
the
domestic
violence
community
to
change,
but
in
the
Philadelphia
ordinance
there
is
a
little
more
authority
in
Philadelphia
than
the
state
provides
again.
Obviously
you
have
to
defer
to
counsel,
but
I
think
it's
very
clear
that,
because
that's
one
of
the
few
things
that
this
NR
I
did
challenge
I
think
it.
D
It
shows
really
what
these
lawsuits
are
all
about
and
I
think
you
know
for
Philadelphia
to
stand
strong
they're.
Certainly
there
will
be
time
during
the
pendency
of
the
commonwealth
court
case.
Should
that
not
succeed
and
you're,
you
are
called
upon
to
defend
the
lawsuit
in
full
to
revisit
the
idea.
Okay,.
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D
A
B
Bill
number
150001,
an
ordinary
ordinary
chapter,
17
dash
2100
of
the
Philadelphia
code,
entitled
conflicts
council
contracts
by
requiring
that
certain
city
contracts
dealing
with
the
provision
of
services
for
indigent
legal
defense
may
only
be
made
when
permanent,
when
permitted
by
ordinance,
where
the
contractor
is
the
defender
Association
of
Philadelphia
the
support
center
for
child
advocates
or
community
legal
services,
all
under
certain
terms
and
conditions.
Thank.
A
E
Thank
You,
chairman
Greenlee,
the
right
to
counsel
is
a
fundamental
procedural
safeguard
guaranteed
under
the
Bill
of
Rights
all
persons
accused
of
a
crime
who
aren't
able
to
afford
a
lawyer
in
the
landmark
case,
Gideon
versus
Wainwright,
the
US
Supreme
Court
recognized
the
fundamental
role
that
league
of
representation
plays
in
a
fair
criminal
justice
system.
In
november
two
thousand
thirteen.
I
introduced
two
pieces
of
legislation
that
made
changes
to
the
philadelphia
home
rule
charter
bill
number.
1308
51
was
a
ballot
question
resolution.
1308
61
was
the
accompanying
resolution.
E
The
charter
amendment
was
approved
by
a
majority
of
voters
in
May
of
2014.
Before
this
amendment
to
the
Charter
section,
2
dash
309
of
the
charter,
titled
leases
and
contracts
stated,
the
council
may,
by
ordinance
authorize
the
leasing
of
real
estate
for
more
than
one
year
and
the
contracting
for
personal
property
to
be
supplied
or
for
services
to
be
rendered
over
a
period
of
more
than
one
year.
As
a
result,
City
Council
had
no
authority
to
review
contracts
the
administration
enters
into
when
the
length
of
the
contract
is
for
one
year
or
less.
E
This
is
an
approach
to
government
that
I
agree
with
I
do
not
believe
that
every
contractor
requires
City
Council
approval.
However,
I
do
strongly
believe
that
any
contract
dealing
with
an
individual's
constitutional
right
is
important
enough
to
require
council
approval.
Furthermore,
these
contracts
are
of
such
importance
that
an
exception
to
the
Charter
was
not
only
required.
What
was
in
the
best
interest
of
the
city
in
Philadelphia,
the
right
to
counsel
is
a
constitutionally
protected
right.
The
contract,
the
administration
issued
an
RFP
for,
and
plans
to
eventually
signed
deals
directly
with
this
constitutionally
protected
right.
E
E
As
a
result,
this
excludes
individual
private
attorneys
who
are
currently
providing
legal
representation
to
the
indogene
by
being
court-appointed
conflict
counsel.
However,
the
monetary
amount
includes
the
Philadelphia
Defenders
Association,
Support
Center
for
child
advocates
and
community
legal
services,
because
these
organizations
have
been
contracting
with
the
city
for
many
years.
They
are
sent
from
the
review
requirement
unless
council
provides
an
ordinance
to
the
contrary.
E
This
bill
150001
revokes
the
exemption
of
reviewing
contracts
entered
into
with
the
city
with
the
philadelphia,
Defenders,
Association,
Child,
Support,
Center
and
community
legal
services.
Only
to
the
extent
that
those
contracts
in
whole
or
in
part
are
related
to
legal
representation
of
indigent
individuals
in
matters
requiring
the
use
of
conflict
counsel,
for
instance,
that
if
the
administration
chooses
to
enter
the
contract
with
the
photo/philadelphia
Defenders
Association
for
the
representation
of
the
indigent
and
they
as
they
have
for
many
years
now,
council
does
not
need
to
review
that
contract.
E
However,
if
the
contract
in
whole
or
in
part,
deals
with
conflict
council
services,
an
area
of
work
new
to
the
defender
Association,
then
under
this
piece
of
legislation,
council
has
the
right
and
duty
to
review
that
portion
of
the
contract.
The
intent
of
this
legislation
is
to
ensure
that
standards
are
being
met.
An
adequate
representation
will
be
given
to
those
ended.
You
individuals
requiring
the
services
of
conflict,
Council
I,
believe
the
defenders
association
provides
quality
representation
to
the
indigent
population
of
the
city
of
Philadelphia
lever.
I.
E
F
Chairman
click
greenlee
councilman
O'brien
members
of
the
committee
Michael
Resnick,
Director
of
Public
Safety
for
the
city.
It's
a
pleasure
to
appear
before
you
to
testify
on
bill
150001.
The
administration
shares
the
sponsors
concerns
for
the
rights
of
the
criminally
accused,
as
well
as
those
faced
with
mental
health
or
dependency
proceedings.
This
mutual
commitment
is
unchanging
respectfully.
However,
the
administration
does
not
believe
this
bill
advances
this
commitment.
It's
all
policy
changes
to
require
an
ordinance
before
the
city
can
contract
for
conflict
council
services
with
three
long-standing
long-established,
highly
respected
and
professionally
impeccable
organizations.
F
The
defender
Association
the
support
center
for
child
advocates
and
Community
Legal
Services.
These
three
organizations
are
at
the
top
of
their
field
nationally
and
any
proposal
they
make
for
indigent
defense
or
conflict
counsel
is
consistent
with
their
consummate
professionalism,
have
to
be
one
hundred
percent
sound,
as
members
of
the
committee
may
recall,
under
last
May's
indigent
defense
charter
amendment.
Essentially
all
contracts
for
indigent
defense
services,
nachos
conflict
console
must
be
authorized
by
ordinance.
F
This
amendment
made
specific
exceptions
from
the
ordinance
requirement
for
the
defender
Association
of
Philadelphia,
the
support
center
for
child
advocates
and
community
legal
services
in
the
defense
contracts
with
these
particular
organizations
would
not
need
an
ordinance.
This
bill
would
revoke
that
exception
for
these
three
organizations,
but
only
when
the
contractors
for
conflict
council
services
were
includes
those
services
to
some
degree.
These
entities
would
still
be
able
to
contract
for
their
core
functions,
absent
council
approval,
and
that
appears
to
be
by
design
and
as
much
as
the
quality
of
their
services
simply
is
not
an
issue.
F
Thus,
in
the
absence
of
the
bill
contracts
for
conflict
council
services
proposed
proposed
by
the
defender,
Association,
the
support
center
or
CLS
would
not
typically
require
an
ordinance,
but
contracts
with
any
other
provider
would
require
one
with
this
bill.
Now
all
contracts
for
conflict
council
services,
including,
and
perhaps
especially
those
the
defender,
Support,
Center
and
CLS,
are
subject
to
the
ordinance
requirement,
but
the
truly
shared
goal
is
assurance
of
high
quality
legal
representation
worthy
of
the
Sixth
Amendment
guarantee
the
right
to
counsel,
whether
provided
by
a
primary
provider
or
conflict.
F
Console
and
organizations
like
the
defender,
Support,
Center
and
CLS
are
unlikely
to
present
a
problem.
In
any
event,
to
the
extent
they
may
propose
an
approach
to
conflict
counsel,
in
addition
to
providing
primary
representation,
we
have
every
reason
to
expect
them
to
undertake
their
obligations
in
the
sound
ethical
manner.
Indeed,
as
David
Carroll
of
the
sixth
amendment
center
testified
before
this
committee.
The
model
of
service
delivery
is
not
the
primary
issue,
it's
that
it
meets
appropriate
standards.
F
This
is
a
statement
I
believe
the
sponsor
would
agree
with,
and
indeed,
in
the
case
of
conflict
counsel,
the
sponsors
companion
legislation
to
the
indigent
defense
charter.
Amendment
code,
1720
101,
requires
a
system
of
financial
and
performance
auditing.
All
conflict
counsel
providers
will
be
subject
to
it,
including
for
any
conflict
council
services.
They
provide
the
defender,
Association
Support,
Center
and
CLS.
This
is
a
help,
although
1720
101
will
apply
even
without
the
present
bill.
F
A
You
mr.
Resnick,
let
me
just
be
clear:
I
mean
as
councilman
O'brien
said
and
I
think
everybody
agrees,
that
the
three
entities
involved
in
this
bill
do
quality
work,
nobody's
questioning
them,
I,
guess
I,
guess
my
question.
One
question
you
would
be,
but
what's
the
problem
with
council
reviewing
that
I
mean?
Is
there
a
you
know,
nobody's
questioning
them
nobody's
saying
they
don't
do
their
job,
but
I
guess
we're
I
want
to
speak
for
councilman
Brown,
but
we're
sort
of
closing
any
kind
of
loop
here.
Well.
A
We
could
go
back
and
forth,
I
guess
the
answer.
That
is
it's
just
a
small
part
and
it
might
not
even
come
to
fruition
that
we
have
to
correctly
it's
just
the
possibility
and
but
I,
but
again,
there's
certainly
no
intended
detriment
to
any
of
these
organizations.
So
any
questions
comments.
Thank
you.
Thanks.
E
A
That
will
be
made
part
of
our
kind
I
believe
everyone
has
a
copy
of
that
letter.
Thank
you
very
much
councilman,
please
let
the
record
reflect
that.
The
vice
chair
of
the
community
council
McKinney,
is
also
present
and
I
just
want
to
recognize
all
the
efforts
he's
a
vice
chair,
I,
put
over
these
years
in
this
committee
and
helping
certainly
helping
me
get
started
and
keep
going.
You
want,
say:
okay,
councilman,.
G
Kenny
I
was
on
the
phone
when
mr.
Resnick
sat
down,
but
I
just
wanted
to
make
sure
I
say
goodbye,
but
critic
from
all
the
times
he's
been
in
here
and
and
I
guess:
we've
had
our
we've
had
our
moments
are
teh.
Today's,
but
I
want
to
let
you
know
how
much
I
respect
you
and
admire
the
work
you're
doing
them
and
he
left.
He
left
the
table
for
ideas
to
say
it.
So
thanks,
ok,
I,
know,
I
think.
A
The
record
saying
mr.
Resnick
said
it
was
fun:
I,
don't
know
if
he
really
means
that
or
not,
but
he's
just
being
nice
today,
any
other
questions
or
comments
again.
Anyone
else
here
to
testify
on
bill
number
14,
00
01,
seeing
none
that
will
conclude
the
hearing
of
the
committee
on
long
government
will
now
go
into
our
public
meeting.