Report of Philadelphia City Councilâ&#x20AC;&#x2122;s Committee of the Whole Chair: Council President Darrell Clarke Resolution Sponsor: Honorable Katherine Gilmore Richardson Pursuant to Resolution No. 200546
Office of Katherine Gilmore Richardson Councilmember At-Large | City Hall Room 581 | (215) 686-0454 Councilmember Katherine Gilmore Richardson
TABLE OF CONTENTS Background ........................................................................................... 1 Introduction .......................................................................................... 2 Panel Descriptions ................................................................................ 3 Hearing Recommendations ................................................................... 5 Appendix A (Bill No. 200364-A) ........................................................... 23 Appendix B (Res. No. 200546) ............................................................ 25 Appendix C (YouTube Link to Hearing) ............................................... 25 Appendix D (Start of Submitted Public Testimony) ............................. 26 Appendix W (Rep. Bullock’s Testimony) ............................................... 46 Appendix X (Rich Lazer’s Presentation) .............................................. 48 Appendix Y Letter from Deputy Mayor Rich Lazer .............................. 49
BACKGROUND ABOUT THE HEARINGS AND THIS REPORT In accordance with Bill No. 200364-A,1 Resolution No. 2005462 authorized City Council’s Committee of the Whole to hold a public hearing on the anticipated collective bargaining agreement between the City of Philadelphia and the Fraternal Order of Police. The hearing lasted almost seven hours and consisted of testimony from Deputy Mayor of Labor Rich Lazer, as well as others working on police reform like State Representative Donna Bullock. The hearing also included testimony from members of the public to offer their voices on the Administration’s draft priorities for the negotiation.
CITY COUNCIL COMMITTEE OF THE WHOLE COMMITTEE MEMBERS Council President Darrell Clarke, Chair Councilmember Cherelle Parker, Vice Chair Councilmember Katherine Gilmore Richardson Councilmember Allan Domb Councilmember Bobby Henon Councilmember Brian O’Neill Councilmember Cindy Bass Councilmember Curtis Jones, Jr. Councilmember David Oh Councilmember Derek Green Councilmember Helen Gym Councilmember Isaiah Thomas Councilmember Jamie Gauthier Councilmember Kendra Brooks Councilmember Kenyatta Johnson Councilmember Maria Quiñones Sánchez Councilmember Mark Squilla
1 Found in Appendix A. 2 Found in Appendix B.
INTRODUCTION Transparency and accountability are the two most common words heard throughout the Wednesday, November 18, 2020 police reform public comment hearing. For far too long, Philadelphians have been asking for reform within the Philadelphia Police Department (PPD) with little to no change being made. With this hearing, the people calling for police reform finally had their chance to be heard in front of City Council and the Administration on one of the most important barriers to reform. Those voices offered solutions, criticisms, and hope that change will soon be made. Police reform cannot happen without the input of the community. This report offers recommendations given directly by the public for how we can create meaningful change at all levels of government. Editorâ&#x20AC;&#x2122;s Note: The hearing transcript was not available during the drafting of most of this report. This report is mostly compiled from submitted written testimony and viewings of the hearing recording available on City Councilâ&#x20AC;&#x2122;s YouTube page.
PANEL DESCRIPTIONS PANEL 1: ADMINISTRATION The first panel featured Rich Lazer, Deputy Mayor, Office of Labor. Deputy Mayor Lazer discussed the history of Act 111 and the established processes for collective bargaining and grievance arbitration, as well as the Administration’s current priorities for the upcoming collective bargaining negotiation with the Fraternal Order of Police. Lazer also answered questions from Councilmembers concerning the arbitration process and the collective bargaining process.3 • Rich Lazer, Deputy Mayor, Office of Labor PANEL 2: STATE REPRESENTATIVE DONNA BULLOCK State Representative Donna Bullock, 195th PA House District, discussed the police reform efforts taking place in the state Legislature, including her push to reform Act 111. Rep. Bullock spoke about the need to pressure the state Legislature to ensure further reforms take place. • Rep. Donna Bullock, State Representative, 195th PA House District
3 Rich Lazer’s Powerpoint presentation can be found in Appendix X
PUBLIC COMMENT The individuals who testified offered personal stories of their experiences with the Philadelphia Police Department (PPD), opinions on the current and previous contracts with the Fraternal Order of Police (FOP), and criticisms of the way policing, transparency, and accountability are being handled in Philadelphia. Panel 1 Rita Hill Aniya Carroll Rev. Mark Kelly Tyler Reverend Corinthia Reed-Lloyd Panel 2 Chaz Moore Riley Ross Latifah Fields Panel 3 Michael Coard Darin Tolliver Erin Hurt Sharon Lampkin Panel 4 Tamara Anderson Marta Guttenberg Tanya Bah Saudia Durrant Samiyha West Sergio Cea Kelsey Romano Sally Polk Christopher Johnson
Panel 5 Anna Cherniahivsky Cindy Millers Tony Dphax King Eric Jenkins Clifford Williams Zoe Sturges Ty Parks Duncan Gromko Rachel Rodriguez
Panel 6 Matt Carrigan Lori Olk Deborah Rose Hinchey Matt Scheuermann Elaine Holton Erin Bagley Lai Coryn Wolk Laura Chance Arika Gold Chris Cannito Panel 7 Jay Williams Kitty Heite Tamar Wilson Shane Riggins Shoshana Akins Ken Heard Panel 8 Chaplain Nikki Kleinberg Amy Montgomery Jennifer Nikki Kidwell Caitlin Sheeder-Borrelli Janet Fishman Kaitlin Best Katlyn Connor Anna Snyder Lou Caltabiano Amelia Carter
Panel 9 Samantha Rise Lydia Currie Maya Nojechowicz Ryan Bing John Woodson Marina Dominguez Cifuentes Eritrea Abdulhadi Katy Kopnitsky Panel 10 Frances Quinlan Philip Neuffer Sherrie Cohen Gail Loney Nikki Grant Emilia Crotty Shali Muhammad Panel 11 Julie Szymaszek Daniel Ravizza Rob Roy Jon McKay Jeannette Lloyd Valerie Chadwick Charles Melton Kaamilah Moore
HEARING RECOMMENDATIONS All Public Testimony and Recommendations Panel 1 • Rita Hill4 o Rita is a member of the Black Women’s Leadership Council; o Rita testified that the police need to create a better method for interacting with people with mental illnesses, this includes behavioral experts at the scene; o Not every crime needs to be handled with the criminal justice system, social services should be connected with the police department and its response system instead; and o PPD needs implicit bias training for police officers. • Aniya Carroll5 o Aniya is a grade school student; o Aniya testified that police officers in her neighborhood tend to use excessive force when dealing with Black people; o Police should be trained to de-escalate situations and get to know the community they were dealing with; and o Some of the police budget should be allocated to community needs. • Reverend Mark Kelly Tyler6 o Reverend Tyler testified to the need for more than reform. Philadelphia needs to deconstruct policing as a whole, but he appreciates the efforts being done; and o Contract negotiations of police officers need to be more transparent. • Reverend Corinthia Reed-Lloyd7 o Reverend Reed-Lloyd is a Police Chaplin and certified to deal with mental illness; o Reverend Reed-Lloyd testified about the greater concern with citizens dying at the hands of other citizens; gun violence; and o Police need consistent training on how to interact with communities. Panel 2 • Chaz Moore8 o Chaz is a member of the Austin Justice Coalition; o Chaz testified about the need for a transparent and public process for police reform; o Chaz and the Austin Justice Coalition were able to organize people around change; o Austin City Council cut the police budget in half and invested in other resources besides policing, such as mental health resources; and o Philadelphia needs to get rid of provisions in the contract that pays suspended police officers.
4 Rita Hill: Transcript p. 133. 5 Aniyah Carroll: Transcript p. 140. 6 Reverend Mark Kelly Tyler: Transcript p. 126. 7 Reverend Corinthia Reed-Lloyd: Transcript p. 142. 8 Chaz Moore: Transcript p. 151.
• Riley Ross9 o Riley recommended a public contract negotiation with the union that includes other members of the public; and o Riley also recommended public arbitration hearings, creating an oversight committee, and that any FOP political donations should be made public. • Latifah Fields10 o Latifah is from the National Coalition of 100 Black women; and o She supports the bill and joined the calls for transparency and accountability. Panel 3 • Michael Coard11 o Michael is an attorney in Philadelphia focused on social justice issues; o Michael does not think that the language of the requirement for a public contract hearing should be controversial and called for greater transparency; and o Michael penned an op-ed that contained three recommendations that will be listed in the below section. • Darin Tolliver12 o Darin testified about his concerns about transparency of the police contract; o Darin does not want City Council to approve of a raise because a raise is not warranted at this time; and o The City has to find a way to orchestrate positive communication between the police force and BLM leaders. • Erin Hurt13 o Erin is an educator in Philadelphia; and o Erin testified that the power that protects police officers is due to the police contract and its inability to hold officers accountable and she wants to limit the types of grievances favoring the arbitration. • Sharon Lampkin14 o Sharon spoke about losing her son in a police-involved shooting in 2005; o Sharon testified that she wants funds to go towards police training, not raises; and o Sharon recommended an independent investigatory board or agency. Panel 4 • Tamara Anderson15 o Tamara is from the Racial Justice Organizing Committee; o Tamara testified that Act 111 does not have enough transparency; and o Tamara recommended an independent investigatory board or agency.
9 Riley Ross: Transcript p. 346. 10 Latifah Fields: Transcript p. 148. 11 Michael Coard: Transcript p. 163. 12 Darin Tolliver: Transcript p. 156. 13 Erin Hurt: Transcript p. 166. 14 Sharon Lampkin: Transcript p. 159. 15 Tamara Anderson: Transcript p. 187.
• Marta Guttenburg16 o Marta is a Center City resident who viewed the hearing as a performance review, but her connection during the meeting cut out and Marta was unable to finish. • Tanya Bah17 o Tanya testified that police abuse their power, and we must close the loopholes that arbitration allows • Saudia Durrant18 o Saudia testified that money should go towards schools and education, not toward the police department. • Samiyah West19 o Samiyah is the cousin of a police officer and a current law student; o Samiyah testified that City Council needs to get involved in the arbitration process; and o Samiyah recommended using non-biased arbitrators who are not allowed to take gifts or donations. • Sergio Cea of Reclaim Philadelphia20 o Sergio is a Community organizer with Reclaim, and was tear gassed by the police while protesting; o Sergio testified that he is irritated with the lack of accountability and how police can be fired, but go through arbitration and get their jobs back; and o Sergio recommended that investigations of police complaints should be made public and not erased. • Kelsey Romano21 o Kelsey is an educator who testified that police are not equipped to handle a mental health crisis nor any matter without aggression; and o Kelsey recommended City Council abolish the FOP, ensure transparency by making investigations public, and ending qualified immunity. • Sally Polk22 o Sally offered written testimony that can be found in Appendix T; o Sally Polk is frustrated with the lack of transparency and accountability, along with violence; and o Sally recommended social programs to invest in, like the Freedom House Ambulance Service in Pittsburgh, instead of investing more money into PPD. • Christopher Johnson23 o Christopher suggested we make complaints against police officers public.
16 Marta Guttenberg: Transcript p. 170. 17 Tanya Bah: Transcript p. 171. 18 Saudia Durrant: Transcript p. 174. 19 Samiyah West: Transcript p. 179. 20 Sergio Cea: Transcript p. 183. 21 Kelsey Romano: Transcript p. 190. 22 Sally Polk: Transcript p. 193. 23 Christopher Johnson: Transcript p. 196.
Panel 5 • Anna Cherniahivsky24 o Anna testified about her experience being assaulted at gunpoint and raped when she was kid with her friends at a playground, and the police officers who responded to the 911 call with, “why were you wearing a short skirt. • Cindy Millers25 o Cindy offered written testimony that can be found in Appendix G; and o Cindy testified that police officers respond violently to nonviolent protests and for that reason City Council should not invest more money into PPD, but rather divest and defund PPD. • Tony Dphax King26 o Tony is a candidate for State Senate and recommended we get more public involvement in the contract negotiations. • Eric Jenkins27 o Eric called for less money into policing and more into community resources as well as an elected oversight board to hold police accountable. • Clifford Williams28 o Clifford is a Philadelphia resident who called for ethical, moral, and psychological training for officers; and o Clifford also called for City Council to de-arm some police officers. • Zoe Sturges29 o Zoe is a teacher in Philadelphia who testified to an incident that happened at her school when a kindergartener prank called 911 and police wanted to arrest the child; and o Zoe called for police officers to not be reinstated when complaints have been filed against them or after the officer is fired. • Ty Parks27 o Ty is a Philadelphia resident who testified and called for the end to stop and frisk and for public police investigations; and o Ty also called for the police budget to be made public. • Duncan Gromko31 o Duncan Gromko offered written testimony that can be found in Appendix I; and o Duncan is a resident of South Philadelphia and believes we need more mental health professionals, better school safety and training, and less police. • Rachel Rodriguez32 o Rachel is a teacher, artist, and community organizer who called for more transparency and accountability; and o Rachel called for less money for PPD and more money for social programs and agencies.
24 Anna Cherniahivsky: Transcript p. 218. 25 Cindy Miller: Transcript p. 200. 26 Tony Dphax King: Transcript p. 204. 27 Eric Jenkins: Transcript p. 206. 28 Clifford Williams: Transcript p. 209. 29 Zoe Sturges: Transcript p. 211. 30 Ty Parks: Transcript p. 214. 31 Duncan Gromko: Transcript p. 222. 32 Rachel Rodriguez: Transcript p. 226.
Panel 6 • Mathew Carrigan33 o Matthew is a Philadelphia resident in Councilmember Johnson’s district and a 4th grade public school teacher; o Matthew testified that he is tired of special treatment for police with loopholes and arbitration because, as a teacher, he is not entitled to abuse his power and keep his job like police officers do; and o Matthew also called for police officers to no longer be allowed to use vacation days instead of serving a suspension. • Lori Olk34 o Lori is a West Philadelphia resident who called for more mental health investment, conflict resolution for schools, and a focus on getting rid of bad officers. • Deborah Rose Hinchey35 o Deborah is a longtime organizer and West Philadelphia resident; o Deborah testified to witnessing loved ones, neighbors, and friends be discriminated and harassed by police officers; o Deborah does not believe the police do not still use chokeholds and has been personally harmed and thrown into the roundhouse of Broad street for 36 hours by police; and o Deborah called for more accountability and to no longer let officers who were fired receive their jobs back through arbitration. • Matt Scheuermann o Matt offered written testimony that can be found in Appendix R; and o Matt called to defund the police and not form another contract • Elaine Holton36 o Elaine offered written testimony that can be found in Appendix J; o Elaine is a West Philadelphia resident who supports police reform; o Elaine testified that the PPD terrorized her with teargas on May 31st, 2020; and o Elaine recommended 911 dispatchers keep data on the amount and location of mental health calls they receive. • Erin Bagley Lai37 o Erin is a Mt. Airy resident and member of Police Wives for Black Lives who called for the police force to have the resources, training, and respect necessary for the police to be effective. • Coryn Wolk38 o Coryn testified that police in her area of West Philadelphia talk to her like “she is naive for living here;” o Coryn also testified to being shot with rubber bullets by police during protests over the summer; and o Coryn called for no overtime money for cops and a need to reevaluate standards for acceptance into the police force. 33 Matthew Carrigan: Transcript p. 230. 34 Lori Olk: Transcript p. 233. 35 Deborah Rose Hinchey: Transcript p. 235. 36 Elaine Holton: Transcript p. 239. 37 Erin Bagley Lai: Transcript p. 243. 38 Coryn Wolk: Transcript p. 246.
• Laura Chance o Laura offered only written testimony that can be found in Appendix Q; and o Laura is a member of a civic association and testified about her experience being teargassed by police in Philadelphia with a lack of compassion and understanding and called for more accountability. • Arika Gold39 o Arika is a community member and witness to police brutality of minority communities and in one instance a pregnant woman who was beaten by police; and o Arika called for more public involvement in police actions. • Chris Cannito40 o Chris is a social workerer who offered written testimony that can be found in Appendix F; o Chris testified to his experience with policing; and o City Council should increase investment in education, mental health, substance abuse, and housing. City Council should not increase investment in PPD. Panel 7 • Jay Williams41 o Jay offered written testimony that can be found in Appendix M; o Jay testified to the need to end discrimination in the cadet classes; o Body Cams should be mandatory; and o City Council must address racism within the PPD. • Kitty Heite42 o Kitty is a West Philadelphia resident who testified about her friend who was run over by police and about the racism she witnesses from police. • Tamar Wilson43 o Tamar offered written testimony that can be found in Appendix V; o Tamar is a member of Socialist Alternative and a member of BLM; and o Tamar called for City Council to place PPD under the control and authority of the Police Advisory Commission or another Police Oversight Commission. • Shane Riggins44 o Shane is a West Philadelphia resident and member of Socialist Alternative who called for an oversight board with elected commissioners and for more public control over the budget process. • Shoshana Akins45 o Shoshana offered written testimony that can be found in Appendix U; and o Shoshana has participated in Philadelphia political groups since 2015 and believes the militarization of police needs to end.
39 Arika Gold: Transcript p. 249. 40 Chris Cannito: Transcript p. 252. 41 Jay Williams: Transcript p. 258. 42 Kitty Heite: Transcript p. 262. 43 Tamar Wilson: Transcript p. 272. 44 Shane Riggins: Transcript p. 265. 45 Shoshana Akins: Transcript p. 267.
• Ken Heard46 o Ken offered written testimony that can be found in Appendix P; and o Ken is the Treasurer of the National Writers Union Philadelphia Chapter and a Peace Council National Board member; and o End the program between PPD and the federal government (1033 program), which provides old military weapons and surplus supplies to police departments. Panel 8 • Chaplain Nikki Kleinberg47 o Chaplain Kleinberg offered written testimony that can be found in Appendix E; and o Chaplain Kleinberg is an ordained deacon at United Methodist Church and trauma center in Philadelphia; o “There are no good cops in a corrupt system;” o Police provoke fear in neighborhoods; and o Complaints against police officers should be made public. • Amy Montgomery48 o Amy testified with a story about police swarming a house and killing a dog with little restraint or calm displayed; and o Amy called for more police accountability to the people. • Jennifer Nikki Kidwell49 o Jennifer testified that there should not be good cops and bad cops, all cops should be considered good and to ensure this we need to release publicly police complaints and change the discipline code. • Caitlin Sheeder-Borrelli50 o Caitlin read out testimony written by her friend who did not feel safe coming forward; and o Her friend was assaulted on June 14th, 2020 in South Philadelphia at Marconi Plaza and witnessed police officers being friendly towards a group of white “vigilantes” and police did nothing when the group of vigilantes assaulted counter protestors. • Janet Fishman51 o Janet is a West Philadelphia resident who told a story of friends who were wrongfully held at gunpoint and harassed by police without any consequences or accountability; and o Janet testified that tasers are not the answer and we need to rebuild our institutions. • Dr. Kaitlin Best52 o Kaitlin offered written testimony that can be found in Appendix H; o Kaitlin is a Point Breeze resident and a member of the Penn Community for Justice; o Kaitlin testified that while a quarter of Philadelphia lives in poverty, police continue to get more funding; and o City Council should hold further public hearings for police contracts and policing to allow for more dialogue. 46 Ken Heard: Transcript p. 270. 47 Chaplain Nikki Kleinberg: Transcript p. 275. 48 Amy Montgomery: Transcript p. 280. 49 Jennifer Nikki Kidwell: Transcript p. 283. 50 Caitlin Sheeder-Borelli: Transcript p. 286. 51 Janet Fishman: Transcript p. 291. 52 Dr. Kaitlin Best: Transcript p. 293
• Kaitlyn Connor53 o Katlyn testified that she was a classmate of police officer Sean Matarazzo who shot Walter Wallace and described Sean as outwardly racist and raised on white supremacy; and o Katlyn called on dismantling PPD and removing the FOP while rebuilding our institutions up again from scratch. • Anna Snyder54 o Anna is a resident of Francisville, a mental health advocate, and a person who suffers with mental illness; and o Anna fears police killing others like they killed Walter Wallace during a mental health crises. • Lou Caltabiano55 o Lou testified that extra funding is a mistake and police need to be defunded so the City can use that money for social programs and systems. • Amelia Carter56 o Amelia called for no new funding, a decrease in the PPD budget, and to form a new oversight commission that has power. Panel 9 • Samantha Rise57 o Samantha testified that she is dissatisfied with Act 111 and called for decreasing the police budget. • Lydia Currie58 o Lydia voiced concern over the disconnect between the community and the police and called for alternatives to police for mental health response. • Maya Nojechowicz o Maya offered only written testimony that can be found in Appendix S; o Maya is a member of the West Philly Participation Defense Hub; and o Maya called for more accountability for police officers who use excessive force.
53 Katlyn Connor: Transcript p. 297. 54 Anna Snyder: Transcript p. 299. 55 Lou Caltabiano: Transcript p. 301. 56 Amelia Carter: Transcript p. 304. 57 Samantha Rise: Transcript p. 320. 58 Lydia Currie: Transcript p. 308.
• Ryan Bing o Ryan offered written testimony that can be found in Appendix A; and o Ryan offered the NAACP Legal Defense Fund’s general recommendations for changes to police contracts: • Avoid delays in interviewing officers involved in alleged misconduct; • Eliminate or lengthen time limits for members of the public to file a complaint against the police; • Eliminate time limits on officer discipline; Permit the filing of anonymous complaints; • Maintain disciplinary records long enough to uncover repeated officer misconduct; and • Eliminate disciplinary trial boards, if possible. If not, ensure disciplinary trial board members are impartial and diverse; and • Prohibit the use of vacation leave in lieu of suspensions. • John Woodson59 o John testified in opposition to an increase in PPD funding. • Marina Dominguez Cifuentes60 o Marina testified about police abusing their powers to file false reports against her, resulting in legal battles for her and no consequences for the officer. • Eritrea Abdulhadi61 o Eritrea testified to the need to increase funding for police training and less to the general budget of PPD. • Katy Kopnitsky62 o Katy offered written testimony that can be found in Appendix O; and o Katy recommended we divert resources away from policing and imprisonment and place those resources in our communities in ways that make policing and imprisonment unnecessary and obsolete in our future. Panel 10 • Frances Quinlan63 o Frances offered written testimony that can be found in Appendix K; and o Frances testified to the need for more accountability for officer misconduct, the need to strengthen the disciplinary code, and the need to make the FOP budget public. • Philip Neuffer64 o Philip testified about the lack of accountability and the need for public investigations and transparency; and o Philip called on police officer complaints to not be wiped clean.
59 John Woodson: Transcript p. 326. 60 Marina Dominguez Cifuentes: Transcript p. 311. 61 Eritrea Abdulhadi: Transcript p. 314. 62 Katy Kopnitsky: Transcript p. 316. 63 Frances Quinlan: Transcript p. 336. 64 Philip Neuffer: Transcript p. 327.
• Sherrie Cohen65 o Sherrie called to decrease the police budget and increase community investment; and o Sherrie also testified in support of allowing a more public contract negotiation, a powerful oversight committee, more transparency in the investigations into misconduct, and to require PPD participation with a new oversight committee. • Gail Loney o Gail offered only written testimony that can be found in Appendix I; o Gail recommends police should not bze able to turn body cameras off; o No officer should be paid for time off during disciplinary action; o Police should be required to have knowledge about and relationships with the community they serve; o End qualified immunity; o Get rid of those arbitrators; o Require de-escalation training; o Publicize police investigations and records; and o Lower the budget for the PPD, the budget should not be consistently and constantly higher than the School District. • Nicki Grant66 o Nicki testified that the FOP should not receive an increase in money, more accountability for police officer misconduct, and to invest into community programs and not into the PPD. • Emilia Crotty67 o Emilia testified that officer records should not be wiped clean and complaints against police should be made public. • Shali Muhammad68 o Shali testified that qualifications to become a police officer should be increased with more police training. Panel 10 • Julie Szymaszek69 o Julie called for more oversight in contract negotiations, a stronger disciplinary code for police misconduct, and police complaint records and investigations to be made public. • Daniel Ravizza70 o Daniel is a member of Philly Power Research who called for funds to be reallocated to fund community services, make officer disciplinary records public, and to open up the contract negotiations to the public. • Rob Roy71 o Rob called for an end to the practice of arbitration reversing officer terminations.
65 Sherrie Cohen: Transcript p. 330. 66 Nicki Grant: Transcript p. 333. 67 Emilia Crotty: Transcript p. 340. 68 Shali Muhammad: Transcript p. 343. 69 Julie Szymaszek: Transcript p. 350. 70 Daniel Ravizza: Transcript p. 353. 71 Rob Roy: Transcript p. 356.
• John McKay72 o Jon testified on the need for preventive strategies to prevent crime, make policies to make being racist illegal, and to require weekly trauma training on trauma-related calls. • Jeanette Lloyd73 o Jeanette testified against an increased police budget and suggested investing in communities and community programs instead. • Valerie Chadwick74 o Valerie testified in support of holding police officers accountable for misconduct, increasing police training, and to remove guns from police officers and only provide tasers; and o Valerie also called on officers to be required to attend weekly therapy or psychological evaluations. • Charles Melton75 o Charles testified that PPD must collaborate with faith communities and companies to improve workforce development. • Kaamilah Moore o Kaamilah only offered written testimony that can be found in Appendix N; and o Lawsuit settlements should be paid from the FOP or the officer, not the City of Philadelphia and the taxpayers.
All of the individuals who testified during the public comment portion had unique experiences to share, but there were common themes throughout the testimony, including the need for transparency and accountability in policing. Some of the ideas offered can be acted on by City Council through legislation, but others will require change to be made by the Administration, the state Legislature, and even the federal government. Therefore, the following sections of this report break these recommendations out based on the appropriate authority for action.
72 Jon McKay: Transcript p. 359. 73 Jeanette Lloyd: Transcript p. 361. 74 Valerie Chadwick: Transcript p. 365. 75 Charles Melton: Transcript p. 368.
STATE RECOMMENDATIONS 1. Police misconduct complaints, disciplinary records, and any investigatory records of police ofﬁcers should be made and kept public.76,77,78 In June, the Police Reform Working Group recommended that the state should create a confidential database within the Attorney General’s office to track officer complaints that law enforcement agencies can search to find potential red flags before hiring an officer that was separated from another law enforcement agency. House Bill 1841,79 which creates this database, passed June 30, but it does not make the database public. New York and New Jersey recently made police misconduct records available to the public, demonstrating this is a practice that could also be adopted in Pennsylvania. 2. Act 111 should be reformed to remove the arbitration process to allow for a disciplinary system that holds police accountable and to allow more local control over budgets to reallocate funding away from the police and towards community services and programs.80, 81, 82, 83, 84, 85, 86 State Representative Donna Bullock, who is one of the leading voices on this issue in Harrisburg, spoke about her efforts during the hearing.87 Rep. Bullock has pushed for sweeping reform to Act 111. Her proposal is to remove arbitration or amend the arbitration process, particularly as it pertains to disciplinary action. Rep. Bullock would like to exclude certain actions and violations from the arbitration requirement so officers who have committed egregious acts cannot have the possibility of getting their jobs back. Testimony during the hearing also called for making arbitration public, which could be included in an amended to Act 111. In addition, many recommendations suggested additions or subtractions from the current police contract, but in order to affect long term change in the contract, the state Legislature needs to act to prevent the police union from taking a contract to arbitration where any changed terms can be removed or added back behind the closed doors of arbitration. Lastly, Act 111 hampers the ability to cut the PPD budget at the city level. Attempts to cut the PPD budget in a way that changes any of the terms agreed to in binding arbitration can be taken back to arbitration and reversed.88 This has happened recently, even when cities and towns were financially insolvent.
76 Sergio Cea: Transcript p. 184. 77 Christopher Johnson: Transcript p. 198. 78 Kelsey Romano: Transcript p. 192. 79 Codified at 44 Pa. Cons. Stat §§ 7301-7312 (effective July 14, 2021). 80 Coard, Michael. “End City's FOP contract rewarding cops who kill and brutalize people.” Philadelphia Tribune, January 12, 2020. Accessed December 8, 2020. https://www.phillytrib.com/commentary/michaelcoard/coard-end-citys-fop-contract-rewarding-cops-who- kill-and-brutalize-people/article_8e35f2f6-6f77-5033-a319-f653d532dde3.html. 81 Tamara Anderson: Transcript p. 188. 82 Aniyah Carroll: Transcript p. 141. 83 Darin Tolliver: Transcript p. 157. 84 Saudia Durrant: Transcript pp. 176-177. 85 Cindy Miller: Transcript p. 203. 86 Eric Jenkins: Transcript p. 207. 87 Rep. Bullock’s testimony can be found in Appendix W.
3. The negotiation and collective bargaining agreement process should be public and transparent from the beginning stages. Members of the public called for the collective bargaining process be open to the public before the contract is already completed. The state Legislature has authority to require a more public and transparent contract process. Rep. Bullock discussed a bi-partisan police reform bill, House Bill 2852.89 House Bill 285290 would allow all municipalities across the Commonwealth to hold public hearings prior to the completion of a collective bargaining agreement. HB 2852 is similar to Bill 200364-A in so far as they both call for a public hearing on a police contract. HB 2852 would also allow for a more diverse pool of arbitrators.91 4. The types of grievances that police ofﬁcers can bring to arbitration should be limited.92 The state Legislature has sole authority over changes made to arbitration and the types of grievances that a police officer may bring. The state Legislature has moved slowly when it comes to conduct that warrants the dismissal of an officer. The state Legislature should make clear what forms of misconduct are barred from grievance arbitration to ensure that the decision to fire an officer over the most severe forms of disciplinary misconduct cannot be appealed. 5. Police body camera footage disclosure laws should be changed to allow for police body camera footage to be publicly accessed.93 Police body camera footage in Pennsylvania is exempt from the Right-to- Know public disclosure laws.94 While local authorities can choose to make police body camera footage public, as was done recently after the shooting of Walter Wallace, Jr. in West Philadelphia,95 the state Legislature must amend the law to require all police body camera footage of every encounter or incident be made public. 6. Police ofﬁcers should have personal liability for meritorious wrongful death and brutality suits. Members of the public called for the end to qualified immunity and taxpayer money paying for police misconduct. The state Legislature is the authority on police officer liability, but the federal government would need to overturn qualified immunity before the state Legislature could address personal liability for police misconduct.
88 Malanga, Steven. “Death by Arbitration.” City Journal, Autumn 2012. Accessed December 8, 2020. https://www.city-journal.org/html/death-arbitration-13516.html. 89 “Committee of the Whole 11-18-2020,” November 19, 2020, YouTube video, 53:55, https://www.youtube.com/watch?v=GT1CLXoZsS0&t=1894s 90 H.B. 2852, 203rd Gen Assemb., Reg. Sess. (Pa. 2020). 91 “Committee of the Whole 11-18-2020,” November 19, 2020, YouTube video, 54:15, https://www.youtube.com/watch?v=GT1CLXoZsS0&t=1894s 92 Erin Hurt: Transcript p. 169 93 Jay Williams: Transcript pp. 259-260. 94 42 Pa. Cons. Stat. § 67A 95 “Bodycam footage released in fatal Walter Wallace Jr. shooting,” CNN video, https://www.cnn.com/videos/us/2020/11/05/walter-wallace-jr-body-cam-footage-philadelphia-policeshooting-llr-lc-lon-orig.cnn.
CITY COUNCIL RECOMMENDATIONS 1. The Citizens Police Oversight Commission (CPOC) should have the authority to conduct investigations and recommend the dismissal of ofﬁcers.96, 97, 98 Many members of the public called for far greater police oversight and use of an oversight commission to investigate police misconduct and hold police accountable. The public made clear their desire for an oversight commission in the November 2020 election, by approving the creation of CPOC with 79% support.99 Now, City Council must work with the Administration to develop enabling legislation to create a CPOC that provides the level of independent oversight demanded by the public, including more funding, community involvement in the selection of Commissioners, seats on the Commission for community members, subpoena power, and access to investigative records. 2. Limits should be placed on arbitrators and the arbitration process to be more transparent.100,101 The public testimony and recommendations offered calls for arbitration reform. Recent articles have noted the cost associated with the grievance arbitration process, as well as its effectiveness in overturning penalties for misconduct. An Inquirer analysis found that between 2011 and 2019, when the FOP fought disciplinary actions brought by the department, arbitrators reduced or overturned the penalties 70% of the time. Aside from being forced to retain officers who do not belong on the force, the city also paid at least $1.2 million in back pay and $4 million in settlements in these cases.102 Act 111 does not prevent City Council from being involved in the arbitration process. City Council could set certain requirements that apply to two of the three arbitrators. For example, City Council could require the use of approved arbitrators, require the arbitrators to live in Philadelphia, or set limits or disclosure requirements on arbitrators or arbitration associations who accept gifts or donations from police organizations. 103
96 Tamar Wilson: Transcript pp. 273-274. 97 Amy Montgomery: Transcript p. 283. 98 Amelia Carter: Transcript p. 306. 99 Ralph, Pat. “Philly residents vote ‘yes’ on four ballot questions.” PhillyVoice, November 8, 2020. Accessed December 8, 2020. https://www.phillyvoice.com/philadelphia-2020-election-ballot-questions- results/. 100 This recommendation originates from an exchange Councilmember Parker had with Rich Lazer. 101 Samiyah West: Transcript pp. 180-182. 102 The Inquirer Editorial Board. “Disarm Philly’s police union from the weapon of secret arbitration.” The Philadelphia Inquirer, November 27, 2020. Accessed December 8, 2020. https://www.inquirer.com/opinion/editorials/philadelphia-fraternal-order-of-police-union-fop-contract-act- 111-20201127.html. 103 43 Pa. Cons. Stat. §§ 217.1-217.10
3. City Council should focus on providing and expanding mental health resources, rather than allowing PPD to handle mental health issues.104 Following the recent shooting of Walter Wallace, Jr., many members of the public included comments about how PPD handles situations involving mental health crises. Testifiers called for a wide range of changes from training for dispatch operators to the creation of mental health teams to respond to crisis situations to more transparency from PPD on data and metrics surrounding mental health emergencies. Currently, no data is available to determine how many mental health calls are made or where mental health calls are made from. PPD recently announced they would organize the dispatch calls they received, but this data is not public.105 4. City Council should cut the PPD budget and reallocate that money to other community programs.106,107 A large amount of the public testified that the PPD budget should be cut and reallocated to other community programs and resources. City Council must follow the terms in the active contract, limiting its ability to cut funds; however, it can still invest and fund other community programs and resources. By playing a larger role in the contract negotiation process or making other legislative changes, City Council can have more oversight over PPD’s spending. City Council can also attempt to lower the PPD budget by delegating roles PPD currently plays, such as mental health work, to other City agencies or by moving employees out of PPD and into other departments. The contract may still present challenges, but City Council has delegated duties from PPD to other agencies before.108 5. City Council should have a role in the contract negotiation process with the Fraternal Order of Police.109 Members of the public testified for the contract drafting and negotiation process to be public. In addition, Council President Darrell Clarke asked Rich Lazer to consider having Councilmembers included in the drafting of any police contract.110 Act 111 requires representatives from the “public employer” to be at the contract negotiation, but it does not specify who is considered a public employer. City Council could pass a law that establishes a Councilmember, Councilmembers, or other representatives to be considered a representative of the public employer, requiring them to be at the contract negotiation.
104 Elaine Holton: Transcript pp. 240-242. 105 Feldman, Nina. “Philly police to start flagging 911 calls that involve a behavioral health crisis.” WHYY, October 9, 2020. Accessed December 8, 2020. https://whyy.org/articles/philly-police-to-start-flagging-911- calls-that-involve-a-behavioral-health-crisis/. 106 Cindy Miller: Transcript p. 203. 107 Daniel Ravizza: Transcript pp. 353-355. 108 McCrystal, Laura. “Philly budget deal cancels $19 million increase in police funding, moves another $14 million elsewhere.” The Philadelphia Inquirer, June 18, 2020. Accessed December 8, 2020. https://www.inquirer.com/news/budget-police-philadelphia-kenney-covid-20200618.html. 109 Daniel Ravizza: Transcript pp. 355-356. 110 “Committee of the Whole 11-18-2020,” November 19, 2020, YouTube video, 31:00, https://www.youtube.com/watch?v=GT1CLXoZsS0&t=1894s
6. PPD should be required to perform audits or to send their expenses over to the Controller or another ofďŹ ce to perform audits.111 Many members of the public called for greater budgetary control over the PPD. City Council should consider an audit requirement for PPD prior to the contract negotiation process and any Act 111 binding arbitration in order to ensure the findings can be incorporated into the negotiations. 7. Public funds should not be used by the FOP for political contributions. Police contracts include money for the FOP, but that money has little restriction or oversight. In order to further limit spending and to ensure money is being used properly, City Council should then require public funding to the FOP not be used for political contributions.
ADMINISTRATION RECOMMENDATIONS 1. PPD should increase mental health training and mental health resources provided by the PPD.112, 113, 114, 115,116 Members of the public testified that PPD lacks the necessary training and capabilities to respond to mental health crises, calling for better training and for a response to mental health crises that utilizes mental health professionals and offers help to those experiencing a crisis, rather than responding only with police officers. Members of the public also testified that officers should have access to robust mental health resources and evaluation. 2. PPD should change their training and cadet eligibility requirements.117, 118 Members of the public testified that police officers are being accepted into the police force who are not qualified, and that police officers are not receiving enough training to effectively and appropriately handle mental health crises. The Administration should pursue training and eligibility requirement changes with PPD to ensure that police officers have the proper skills and training to protect and serve Philadelphia. Some recommended trainings include implicit bias training, de-escalation training, and trauma-informed training. 3. The contract with the FOP should include references and authority to the developing of the Citizens Police Oversight Commission.119,120, 121, 122 Many members of the public called for CPOC to be created and for stringent independent oversight. Under the current contract with the FOP, the Civil Service Commission has much of the oversight and authority over PPD. No employee shall be disciplined or discharged except as is consistent with the Home Rule Charter and the Regulations of the Civil Service Commission.123 In order to align the disciplinary process with the creation of the new Commissionâ&#x20AC;&#x2122;s authority, the Administration should push adamantly for a change to this contract language.
111 John Woodson: Transcript p. 327. 112 Rita Hill: Transcript p. 137. 113 Eritrea Abdulhadi: Transcript p. 315. 114 Clifford Williams: Transcript p. 210. 115 Duncan Gromko: Transcript p. 223. 116 Sharon Lampkin: Transcript p. 160. 117 Coryn Wolk: Transcript p. 248. 118 Jennifer Nikki Kidwell: Transcript p. 285. 119 Eric Jenkins: Transcript pp. 207-208. 120 Sharon Lampkin: Transcript p. 160. 121 Tamara Anderson: Transcript p. 189. 122 Shane Riggins: Transcript pp. 265-266. 123 2017 FOP Contract.
4. The contract negotiation and collective bargaining agreement process should be more public and transparent.124 Numerous members of the public testified with calls to increase transparency in the contract formation and collective bargaining process. The Administration has the authority to make their contract offers or details public. While Bill 200364-A requires a public hearing prior to a contract agreement with the FOP, the Administration could go beyond the requirement and involve members of the public or City Council when drafting a contract. The Administration could also put their proposed contract offer online for the public to view prior to any contract agreement. 5. The Administration should push for changes in the police investigation procedures and allow for complaints against police ofﬁcers to be made anonymously.125 Members of the public and police reform advocates, including groups such as the NAACP, have called for a more rigorous investigation process when an officer is accused of misconduct. The Administration can push for changes to the investigation procedures through the collective bargaining process, as well as by holding PPD leadership accountable to a commitment to transparency and accountability. Some recommended changes include: no paid suspensions, no use of vacation time when suspended, avoid delays in interviewing officers accused of misconduct, eliminate or lengthen the time limits for reporting misconduct, eliminate the time limits on when an officer can be disciplined, maintain disciplinary records for longer periods of time, and eliminate disciplinary boards. 6. Some police ofﬁcers should be disarmed.126 Some members of the public called on PPD and the Administration to disarm some police officers. The Administration has the authority to disarm some police officers and create police units who operate without weapons. Several European countries have police officers and entire units who operate successfully without firearms and offer a glimpse into how this program could succeed here.127 7. Police ofﬁcers should be required to live in and have relationships with the communities they serve. Some members of the public testified with calls for police officers to have introductions, relationships, and live in the communities they serve. City Council recently reinstated residency requirements for civil service employees, but this does not require PPD to have officers live in or near the communities they police. The Administration can pressure PPD, in much the same way as they would to change the internal PPD investigatory process, to require community involvement and engagement from police officers. Community involvement and engagement could mean introductions to members of the community or community service requirements for police officers.
124 Kaitlin Best: Transcript pp. 295-296 125 Ryan Bing Written Testimony Appendix D. 126 Clifford Williams: Transcript pp. 210-211. 127 Godin, Melissa. “What the US can learn from countries where cops don’t carry guns.” TIME Magazine, June 19, 2020. Accessed December 8, 2020. https://time.com/5854986/police-reform-defund-unarmed- guns/.
FEDERAL RECOMMENDATIONS 1. End qualiﬁed immunity for police ofﬁcers. 128,129,130 Qualified immunity shields government officials “…from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”131 This doctrine was upheld by the Supreme Court in Harlow v. Fitzgerald (1982) and Malley v. Briggs (1986). While immunity technically applies to all public officials, it is often recognized as being one of the most effective ways officers avoid the consequences of severe misconduct or even taking another person’s life. As qualified immunity is a judicially created doctrine without Constitutional grounding, Congress could act to limit or remove these protections for police officers. 2. End the 1033 program that provides police departments with military surplus equipment.132,133,134 Created in the 1997 National Defense Authorization Act, the 1033 program allows the Defense Department to give excess equipment to local authorities who only have to pay shipping costs. This includes standard inventory, such as clothing, radios, and tools, but it also includes weapons, armored vehicles, etc. Members of the public testified about the militarization of police and how the 1033 program must end. PPD could refuse to participate in the program or at least not accept weapons or other deadly or dangerous materials from the program. Eliminating the program would take an act of Congress.
128 Gail Loney Appendix I. 129 Kelsey Romano: Transcript p. 192. 130 Coard, Michael. “End City's FOP contract rewarding cops who kill and brutalize people.” The Philadelphia Tribune, January 13, 2020. Accessed December 8, 2020. https://www.phillytrib.com/commentary/michaelcoard/coard-end-citys-fop-contract-rewarding-cops-who- kill-and-brutalize-people/article_8e35f2f6-6f77-5033-a319-f653d532dde3.html 131 Millhiser, I. “Why police can violate your constitutional rights and suffer no consequences in court.” Vox, June 3, 2020. Accessed December 7, 2020. https://www.vox.com/2020/6/3/21277104/qualified- immunity-cops-constitution-shaniz-west-supreme-court 132 Ken Heard: Transcript pp. 270-271. 133 Amelia Carter: Transcript pp. 305-306. 134 Shoshana Akins: Transcript p. 268
APPENDIX A Bill No. 200364-A AN ORDINANCE Amending Title 17 of The Philadelphia Code, entitled “Contracts and Procurement,” by adding a new Chapter 17-2300, entitled “Public Hearing Required Prior to Execution of a Labor Agreement with City Workers Represented by the Fraternal Order Of Police With Respect To The Workers’ Terms And Conditions Of Employment,” by establishing certain definitions; and requiring a public hearing within thirty (30) days prior to the City entering into or amending a labor agreement with City workers represented by the Fraternal Order of Police, all under certain terms and conditions. THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 17 of The Philadelphia Code is hereby amended to read as follows: TITLE 17. CONTRACTS AND PROCUREMENT. * * * CHAPTER 17-2300. PUBLIC HEARING PRIOR TO EXECUTION OF A LABOR AGREEMENT CONCERNING POLICE EMPLOYEES REPRESENTED BY THE FRATERNAL ORDER OF POLICE. §17-2301. Legislative Findings. WHEREAS, The City has a financial interest in ensuring the fairness and transparency in the approval process for contracting with the labor union representing the uniformed workers of the Philadelphia Police Department; and WHEREAS, The Philadelphia Police Department’s personnel spending equates to roughly 14.72% of the City’s entire budget; and WHEREAS, In FY 2020, the police overtime spending through the third quarter was approximately $53,000,0000 with only 20% of the allotted overtime budget remaining for the fourth quarter; and WHEREAS, Transparency in government is key to improving the public’s trust in government to carry out the will and best interest of the public it serves; and WHEREAS, The City cannot provide transparency to the public while simultaneously spending over 1/10th of the overall budget on a single department where the right of the public to be heard is not afforded prior to the execution of such a contract. §17-2302. Definitions. The following definitions apply to this Chapter: (1) "Contract” means a collective bargaining labor agreement, between the City and Police Employees in the Philadelphia Police Department represented by the Fraternal Order of Police (“FOP”) concerning general terms and conditions of employment as part of the interest arbitration process set forth in the Police and Fireman Collective Bargaining Act, 43 P.S. 217.1 et seq. It does not include an agreement based on a demand for interest arbitration or other dispute during the course of the term of a general contract or a settlement arising from a grievance arbitration, unfair labor practice complaint or representation petition.
Â§17-2303. Public Hearing Required. (1) The City shall not send a proposal to the FOP to enter into or amend a Contract as defined herein, unless the Mayor has requested, by letter provided to the Chief Clerk of Council, and City Council has held, a public hearing addressing the Contract proposal, including but not limited to, the cost of the Contract proposal and any other terms or conditions set forth therein, at least thirty days before sending the proposal, unless the Council President certifies to the Office of Labor that Council is unavailable for a 30 day period from the time of receiving the Mayorâ&#x20AC;&#x2122;s request for a hearing to do so. No further hearing shall be required on a revised proposal made after such a hearing. Nothing herein shall be construed to require Council approval of the Contract for it to be binding and effective. (2) An Administration representative shall be present at the hearing to inform the Council and the public about the terms of the Contract Proposal and the Administration shall be subject to the requirements of Â§10-110 of the Home Rule Charter, regarding refusal to testify. (3) Prior notice of the Public Hearing shall be required and the hearings must allow for the public to attend and comment on the terms of the Contract presented by the Administration representative. (4) No later than 30 days after the Public Hearing, the Administration shall send a written report to the Council President detailing the changes or lack thereof made to their proposal.
APPENDIX B RESOLUTION NO. 200546 Authorizing City Council’s Committee of the Whole to hold all hearings required pursuant to Bill No. 200364-A, which established a requirement that the Council hold hearings in connection with anticipated collective bargaining agreements between the City and Police Employees in the Philadelphia Police Department represented by the Fraternal Order of Police. WHEREAS, On September 30, 2020, the Mayor signed into law Bill No. 200364-A (“the Ordinance”); and WHEREAS, The Ordinance defines the term “Contract” to mean the following: “Contract” means a collective bargaining labor agreement, between the City and Police Employees in the Philadelphia Police Department represented by the Fraternal Order of Police (“FOP”) concerning general terms and conditions of employment as part of the interest arbitration process set forth in the Police and Fireman Collective Bargaining Act, 43 P.S. 217.1 et seq. It does not include an agreement based on a demand for interest arbitration or other dispute during the course of the term of a general contract or a settlement arising from a grievance arbitration, unfair labor practice complaint or representation petition; and WHEREAS, The Ordinance further provides, in relevant part: The City shall not send a proposal to the FOP to enter into or amend a Contract as defined herein, unless the Mayor has requested, by letter provided to the Chief Clerk of Council, and City Council has held, a public hearing addressing the Contract proposal, including but not limited to, the cost of the Contract proposal and any other terms or conditions set forth therein, at least thirty days before sending the proposal, unless the Council President certifies to the Office of Labor that Council is unavailable for a 30 day period from the time of receiving the Mayor’s request for a hearing to do so; and WHEREAS, To assure maximum transparency, and to provide all Members of Council with a full opportunity to participate in the hearings required by this newly-established procedure; now, therefore, be it RESOLVED, BY THE CITY COUNCIL OF PHILADELPHIA, That City Council’s Committee of the Whole is hereby authorized to hold all hearings required pursuant to Bill No. 200364-A. APPENDIX C The entire hearing for Resolution No. 200546 can be found at this Youtube link: https://www.youtube.com/watch?v=GT1CLXoZsS0&t
APPENDIX D Ryan Bing November 18, 2020 Resolution No. 200546 Members of City Council, thank you for reading my comments regarding the Philadelphia Police Department and their upcoming contract. My name is Ryan Bing, and I live in and love Philadelphia. I am an English professor at Community College of Philadelphia, where I am also active in our faculty and staff union. Although I should say I am making these comments as an individual and not as an official spokesperson of either the college or my union. Iâ&#x20AC;&#x2122;d like to start by thanking you for holding these hearings. I know public hearings on the police contract is a new practice, and I hope it is one that will continue. I think it represents an important step towards meaningful public oversight of the PPD, increased accountability for the PPD, and public input on how public money is spent. Less than six months ago Philadelphia police officers shot me with a less lethal munition and tear-gassed me while I was engaged in non-violent protest against police brutality and racism. More recently, after comments by the Mayor and others about the need for police reform, after the filing of a lawsuit against the PPD over their response to the summer protests, during the protests following the police killing of Walter Wallace Jr., on the night of October 27th at 52nd and Market I witnessed a group of Philadelphia police officers charge a group of non-violent protestors I was a part of and beat people indiscriminately with their clubs. I saw one PPD officer chase down a young woman who was maybe half his size, and who must have been running from him for at least a block. When he caught her, for no reason, violently shove her into a parked car hard enough that she fell to the ground. After doing that, he ran past her to chase after somebody else. He arrested no one and gave no evidence of any explanation for his actions other than an apparent desire to engage in violence against protestors. When I asked him for his badge number, he refused to give it. Beyond my personal experiences I have seen footage and heard accounts of the multiple and severe police abuses members of the Philadelphia Police Department have engaged in for years and continue to engage in. I believe this rises to the level of a systemic problem that requires a systemic response. I believe the Philadelphia Police Department is in need of radical reform, at least.
The NAACP Legal Defense Fund has published a series of recommendations for police reforms to be brought about by specific changes to police contracts135. The Philadelphia Police contract is mentioned specifically in their publication, and they identify the following areas of concern: -Provision XX (Discipline and Discharge (as modified by Section 5 (Discipline) of the 2014 - 2017 arbitratorsâ&#x20AC;&#x2122; award) -Provision XXI (Grievance and Arbitration Procedure) -Provision XXII (Miscellaneous Provisions) The NAACP Legal Defense Fund has also made these general recommendations for changes to police contracts: -Avoid delays in interviewing officers involved in alleged misconduct.
-Eliminate or lengthen time limits for members of the public to file a complaint against the police. -Eliminate time limits on officer discipline. -Permit the filing of anonymous complaints. -Maintain disciplinary records long enough to uncover repeated officer misconduct. -Eliminate disciplinary trial boards, if possible. If not, ensure disciplinary trial board members are impartial and diverse. -Prohibit the use of vacation leave in lieu of suspensions. I believe these recommendations could be helpful starting points for specific reforms that will increase accountability for the PPD and potentially reduce police misconduct in the future. Additionally, as a union member at Community College of Philadelphia, I also feel compelled to comment on the response of the Philadelphia Fraternal Order of Police to recent police misconduct and their response to the very hearings these comments I am writing are a part of. In the very recent past, I have seen the Philadelphia FOP leadership enthusiastically close ranks around officers credibly accused of grievous misconduct. While I understand unions have an obligation to advocate for their membersâ&#x20AC;&#x2122; rights and contractual protections, I donâ&#x20AC;&#x2122;t believe unions, particularly police unions, should be in the business of unquestioningly defending the obvious and grievous misconduct of their members. I also understand the Philadelphia FOP sued to attempt to prevent these public hearings on the police contract from taking place. I donâ&#x20AC;&#x2122;t believe unions should be in the business of shutting out members of the communities we are meant to serve. The Philadelphia FOP and the PPD should be accountable to all Philadelphians and should be open to public comment and public oversight. Finally, I believe it takes a lot more than police to make a city safe for everyone. I believe the Philadelphia Police budget should be radically reduced, and I believe the city
135 https://www.naacpldf.org/press-release/ldf-launches-toolkit-for-community-oversight-of-police-union- contractsto-support-advocates-in-efforts-to-hold-police-accountable-for-misconduct/
Chaplain Nikki Kleinberg November 18, 2020 Resolution No. 200546
Greetings everyone. I am Chaplain Nikki Kleinberg, ordained deacon in The United Methodist Church. I’d like to present my testimony to you because I am a Philadelphia citizen living in the beautiful and historic Germantown, I’m a clergy-person, I’m a trauma chaplain at one of Philly’s level 1 trauma centers, and I look forward to a new day of peace with justice, when we all celebrate life in police-free communities. Every week in my trauma center, I witness and support patients who are brought in by “police drop-off.” That is, a Philadelphia Police Officer arrives post haste with a critically injured person in hope that the quickest possible medical response might result in a positive outcome for the victim and their family. Many times, I have engaged the officers who are involved in this life saving work, and many times I have been blessed to witness their compassion, hope, courage, and skill, and hear some of their story. However, it is my understanding and experience that the culture of The Philadelphia PD, as facilitated and officiated year after year by The Fraternal Order of Police in relationship with this city and state government, and the continued inclusion of harmful officers in the line of duty, fails the officers who might seek to put their training, integrity, and faith to work for the best outcomes of those they serve. There can be no good cops in a corrupt system. Today’s officers, without meaningful change to the contract, inherit and uphold a dominant police culture and policies that protect officers who are harmful, and foster a closed off, guarded, strained, and fearful relationship with the communities they serve. Therefore, I want to speak briefly, with gratitude, in favor of this move toward an open contract negotiation process that seeks to offer greater accountability, integrity in regard to discipline, and community input for policing. I’d like to offer the following specific recommendations for the contract, many of these are also on the Police Reform Agenda as compiled by the City’s Reconciliation Steering Committee and Internal Working Group: • Complaints against police offers need to be taken seriously by making them public, and arbitration needs public oversight • Establish a duty to intervene when one officer sees another go too far as recommended by the U.S. Department of Justice • Make it impossible for any police officer who was fired for misconduct in PA or another state to become a police officer Philadelphia, without opportunity to purge their record with the passage of time.
As a clergy person, I know that institutional and community accountability can be really hard and sometimes scary, and integrity can also be hard, but we it is necessary for the common good and your individual well-being. I want to encourage our government and union representatives who are present here to consider this invitation to greater accountability to be a blessing, that accountability might foster our access to personal and collective access to wisdom, freedom, peace, and love, accountability that will ultimately serve you, and all those who choose your vocation.
APPENDIX F Chris Cannito November 18, 2020 Resolution No. 200546 My name is Chris Cannito, I am a West Philly Resident, member of Penn Community for Justice,and social worker who was attacked on I-676. This public discussion on the FoP contract would not have existed without the unrest, and trauma inflicted on Philadelphia from the summer. That speaks volumes on the weak history we have in keeping the PPD and FoP accountable. In early October I provided testimony, which reopened the trauma from I-676 of what it was like to be surrounded by tear gas, vomit, blood, chaos, and the acute realization I might die on that embankment. I don’t wish that experience onto anyone. I ended my testimony in October by asking members of this council, what is going to happen when the next George Floyd murder is caught on camera? What is going to happen if it happens in our city? What will you do, to break this cycle? I promise you, I will ask that every time I am in one of these spaces until change occurs. The public needs clear and consistent actions taken to break these cycles of trauma. We need Transparency and active Community Input. We need a Divestment from the police. Who’s bloated budget continues to pull funding away from necessary social services while shielding them from any sense of accountability. We desperately need an investment in more robust education, mental health, substance abuse, and housing services and institutions that will provide more long-term safety across generations, than a badge and a gun in the present. We need a publicly elected, not appointed, citizens police oversight commission, who has subpoena and firing power to dismantle police impunity. We need so much more. We are living in an America where Breonna Taylor hasn’t received justice, where more of her activists are arrested than the police who murdered her. We are living in a post Walter Wallace Jr. Philadelphia. Who’s death represents failures of our public safety and social service systems. Recent history has shown us that the PPD and FoP does not have the ability to keep itself accountable. In 2019 the Plainview Project found over 300 PPD officers participating in racist and hateful social media behavior. Some have been placed under “administrative leave” — how many have been fired more than a year later? How many of their colleagues said nothing in the face of hate? This is the same PPD that required a massive NYT investigation to apologize for the attack on I-676. The same PPD who shot rubber bullets, and brought tear gas to West Philadelphian doorsteps and bedrooms, blocks away from the MOVE bombing site. The same PPD who has still not denounced the propaganda promoted by the National Fraternal Order of Police, who used a Black child as a prop for a social media post, when in reality he was being separated by his mother while she was being beaten by the PD. This pattern will continue when the police, the FOP, and city leadership fail to acknowledge their roles in this cycle of trauma which ripples across generations. Acknowledgement, honesty and naming can pave a road towards something transformative and reconciliatory on an interpersonal level, the same holds true for our institutions. Thank you for your time, I hope you act boldly for the betterment of our people.
APPENDIX G Cindy Miller November 18, 2020 Resolution No. 200546 Good Morning Councilmembers. My name is Cindy Miller, a citizen of Philadelphia In 2015 police broke my wrist at a peaceful vigil held to say the names of Black Women lynched by police. When I begged to go to the hospital, they would not believe me. After screaming in pain, they finally took me (in handcuffs) to have it set. I was then thrown into a filthy single cell with 3 others and detained for 22 hours without even an aspirin. While all charges were dropped, I had thousands of dollars of medical and therapy bills which I am still paying off. In 2017, community members called a neighborhood hearing because the cops who had wrongly shot Phillipe Holland were back on the street. Phillipe received the largest settlement in Philly history, $4.4M of taxpayer money. Yet the shooters were never disciplined. No wrongdoing was ever admitted. The stonewalling cops who spoke at this meeting were disrespectful, arrogant bullies. On May 31, 2020 I was on the porch of a row home on 51st street, helping to flush teargas out of the eyes of those who staggered past. In a RESIDENTIAL neighborhood, the cops went crazy and rioted, with the use of teargas and rubber bullets. After yet another Black citizen murder there are always calls to the protesters for non-violence, but who shows up dressed for a fight? We see police officers in tanks, on weaponized bicycles, wearing camouflage outfits, jackboots, beater gloves, face shields, full-body armor & helmets. But these are only the personal anecdotes of a 67-year-old white woman. I have it easy. Black, Indigenous, People of Color and Trans people experience this violence much more acutely. What for me are isolated incidents are for them daily lived experiences. The MOVE Organization, Mumia Abu-Jamal and Walter Wallace have all felt the sickening impact of the legacy of Frank Rizzo. As the Mayor begins his negotiations with the FOP, I STRONGLY object to giving the police more money and demand community control of the PPD. Also, abolish the FOP.
APPENDIX H Dr. Kaitlin Best November 18, 2020 Resolution No. 200546 My name is Dr. Kaitlin Best. I’m a PhD-prepared nurse, a member of Penn Community for Justice, and currently I live in Point Breeze. Point Breeze is a tight-knit community where people take care of each other because the rest of the world hasn’t. My partner and I love living in this community, and we are fortunate to have been welcomed by our neighbors. Today I’m standing up as an ally in the ongoing protests against police brutality. I see police driving through the neighborhood daily, more than in any other area of Philadelphia where I have lived. I have seen police officers harassing groups of young Black teenagers just for hanging out. They arrested one of my neighbors, in front of her children, after a dispute with another neighbor. A few months later they came back to evict her and her family right before Thanksgiving. Another neighbor has a family member with a severe mental illness, a young Black man, and every time the police show up I worry: will this be the time he ends up shot dead in front of us, like Walter Wallace, Jr.? During our time living in Point Breeze, I have been struck by one repeating thought: what is all of this policing really doing? It didn’t help the woman across the street whose son said their City-owned, Title IX housing was so decrepit, there was a hole in the wall where animals crawled in. It didn’t help my neighbors resolve their conflict so they both could continue to live on the block. It doesn’t help the young man next door stay compliant with his medication, or prevent his family from suffering every time he has a psychotic break. I’m a nurse, so I know about preventative care. When we talk about social determinants of health, we acknowledge that things like access to healthy food, clean air and water and safe housing are all critical to people’s wellness. When it comes to policing, the research has spoken there too: increased police union membership and giving police military- grade weapons increases violence, which disproportionately impacts minority groups. Investing in communities is what reduces violence. People like to say police prevent crime, but from what I’ve witnessed, they just show up after a broken system has let its citizens down yet again. Policing is inherently reactive, and when you add in its foundations in racism and xenophobia, the tragedies of police brutality and murder no longer seem like surprises, but inevitabilities. How, in a city where nearly ¼ of the population lives in poverty, where we face an eviction crisis and children didn’t have safe buildings to attend school in before the pandemic, can Philadelphia police officers get millions in taxpayer money budgeted for laundry, meal allowances, and contributions to a legal fund for police misconduct each year? How, in a country where hundreds of thousands of Americans can’t even get paid sick leave in the middle of a global pandemic, can police officers suspended for disciplinary investigations continue to get paid by using vacation time? How can police officers who have failed drug tests, forced sexual favors, or shot and killed multiple civilians keep their jobs because of closed-door arbitration? That is shameful.
We demand better. In a democratic city of 1.5 million people, the 1% who are members of the FOP cannot dictate the use of 15% of the city budget without the rest of us getting a say, even if they have contributed thousands of dollars to the Mayor and City Council members’ campaigns. Even if they have contributed thousands of dollars to the Mayor and City Council members’ campaigns. We demand transparency and community input on the new FOP contract, including public release of the complete contract proposal before starting negotiations with the FOP. We demand the elimination of completely unjustified budget items, especially City contributions to the police legal fund. We demand a fully funded Citizens Police Oversight Commission with an operating budget drawn from at least 1% of the current police budget and participants elected by the people of Philadelphia, not appointed by City Council or Mayor Kenney. We demand real accountability with this new Commission, so that we can finally end the current police contract’s arbitration procedure which has allowed police unions to reduce or overturn disciplinary sentences for bad cops 70% of the time! We demand better, and the world is watching. APPENDIX I Duncan Gromko November 18, 2020 Resolution No. 200546 Thank you Councilmember, my name is Duncan Gromko. Good afternoon council members and fellow Philadelphians. I am a constituent of council member Johnson, in South Philadelphia. Thank you to Anna for sharing this story, I’m moved by your courage. We shouldn’t have to share this trauma publicly to protect ourselves against the police. I appreciate council member Gilmore Richardson’s advocacy for transparency and I hope this will continue throughout the negotiation process. First, let me say that I was distraught by the killing of Walter Wallace Jr., and the trauma his family and community has gone through. As others have said, we don’t need police, we need more mental health professionals and social workers to meet the needs of Philadelphians and deescalate these types of situations. I am really concerned about the lack of accountability within the Philly Police Department. In addition to the disturbing video of Mr. Wallace being shot, we have all seen the images of protestors being tear-gassed on 676 this summer. And the police beating out the windows of a woman’s car and dragging her and her 16 year old cousin away, with her small child inside. These are just the latest examples in a long history of police violence where officers are not held accountable, and transparency for these decisions is not provided to citizens. On October 27 this year, I attended a demonstration in support of Mr. Wallace with my wife and two friends. During our march, a police officer attacked me and hit me several times on my leg and arms with his club. My overwhelming memory of the event is the violence and out of control anger of the cops. I was then arrested on charges that misrepresent the events of the evening. I have considered submitting a complaint to the police, but I haven’t done so; I simply don’t have trust in the accountability systems for our police. I can’t imagine how many complaints go unsubmitted because of a lack of trust in the accountability process. Police officer’s complaint records and discipline history should be public. Police should be criminally charged when they commit crimes. We need an independent, citizen-based accountability organization. 32
Philadelphia’s schools need $5 billion in investment to be safe for students and teachers. Our city’s residents face a massive eviction and unemployment crisis, all coming during the middle of a pandemic. We can’t reward the police for their violent behavior with an additional $17 million. We need to redirect funds from the police department and invest in our communities. We need money for jobs and education, not cops and incarceration. Thank you. APPENDIX J Elaine Holton November 18, 2020 Resolution No. 200546 My name is Elaine. I live on 52nd Street in West Philly. I am a West Philly resident who was terrorized and had my human rights violated when the Philadelphia Police Dept tear- gassed and fired rubber bullets at me and my neighbors on the 31st of May this year. I was not born in Pennsylvania. I’m from Austin, Texas, and have lived in West Philly for three years. In Austin, I worked at Integral Health as a case manager and outreach specialist. Before living in Philly, I worked in Washington, DC, for three years in the medical field, addressing quality improvement. In October, I read a WHYY article entitled “Philly Police to start flagging 911 calls that involve a behavioral health crisis.” After three years of living here, I realized that the City of Philadelphia and the Philadelphia Police never flagged their behavioral health crisis calls. When preparing for this hearing, I researched and reviewed data collection of crime, statistics based on neighborhoods, and what stood out for me was there are only crime classifications. Part 1 crimes- homicide, rape, robbery, theft,etc Part 2 crimes- narcotics, drug laws Part 2 crimes subsection- all other Part 2 crimes Out of that data set, how many calls are behavioral health calls? A 2016 article titled “The Daily crisis cops aren’t trained for” states “in the US behavioral health situations are responsible for 1 in 10 police calls.” I’m confident that this number has increased in 2020 as our neighborhood tries to make sense of Walter Wallace Jr. and PPD’s involvement. The current reporting processes in place only support the FOP and PPDs ongoing requests for more funding. Money cannot be the only solution if money is the solution at all? Using this logic and process enables both the FOP and PPD to claim an increase in crime, which then drives and constitutes an increase in police funding. NO, no increased funding.
How does the city of Philadelphia and PPD determine how many police officers are needed in one specific neighborhood? Crime? Race? Population? Despite my short time living in Philadelphia, it is clear that the system of reporting is corrupt, and the city and PPD are underdeveloped in their ability to respond to mental health needs. This is something the city should be ashamed of. Why should the city give more money to PPD when they don’t have the appropriate processes in place to address the issues of behavioral health? Behavioral Health and wellness is a public health issue, and it should be the responsibility of the department of public health, not the police, or focused on crime. The city should rely on those who are trained to address mental health. Invest in this city’s residents by hiring clinically trained and accredited social workers, crisis intervention specialists, outreach workers, and therapists accessible to the public and available for emergency interventions. People in Philadelphia experiencing mental health crises deserve more. The FOP and City of Philadelphia need to reevaluate their reporting standards and change their decision-making system about “public safety.” In West Philly, increased police presence has openly lead to harm. For accountability, provide the public with more accurate data and more accurate responses to civilians. Show us the budget related to behavioral health vs. crime in west Philadelphia; how can you understand the community’s needs when your systems and data are corrupt, non-existent, and inherently biased? Increasing police funding to continue their violent interventions shows no humanity or understanding of behavioral health or crises. Increasing the PPD and FOP only serves to take away from the budget increase for public health providers. APPENDIX K Frances Quinlan November 18, 2020 Resolution No. 200546 Hello, my name is Frances Quinlan Good evening to City Council Members, and the public, and thank you to Council Member Gilmore Richardson for making this possible— It troubles me that someone in such a powerful position as Police union president John McNesby, feels so threatened by the very discussion of transparency of police budget funding (funding paid for by taxpayers) that he is willing to go so far as to SUE the city of Philadelphia in order to get his and his union’s way. That is the move of tyrants. Residents of this city are struggling enough to stay and keep their families afloat during this already strained time, how can we be expected to shoulder the additional weight of enabled bullying such as his? I would hope that people in so high an office as John McNesby would understand and appreciate the profound responsibility, full accountability and transparency that comes with said office. 34
Many of my friends are longtime residents of this city as well. Several of them now know the experience of being tear-gassed by police. One had his ankle broken as he was trying to escape the tear gas that was deployed during a peaceful demonstration on the Vine Street Expressway back in June. One was just a block away from his West Philadelphia home, he wasn’t even protesting. Police were randomly tear-gassing—in fact terrorizing—-residents. In the news far worse abuses of power have been covered. I will never forget the coverage I saw of the family whose child was abducted from their car BY POLICE—a toddler whose trauma was then used as propaganda lauding police’s efforts to protect and serve—when they were in fact the very ones inflicting abuse and causing what will likely be lifelong emotional damage to an innocent child. The PPD is dispatched to both protect and SERVE the residents of Philadelphia, enlisted with the specific duty of keeping and maintaining peace in communities. They are unique as a service in that they are also given weapons and the right to use them against civilians. For the Fraternal Order of Police to be allowed, unchecked, to make use of taxpayers’ money in secret from the public they are supposed to be serving and protecting—-there is a major dissonance in this behavior. I can’t help but wonder why the FOP doesn’t want the public to know how funding is allocated to such a dominant organization. Our residents deserve more than to be kept in the dark, especially after a year as traumatic as this one has been for so many. The weak disciplinary code written into the FOP contract has proved itself unworthy of this great city. We can only benefit from healthy communities whose residents feel safe, heard and able to thrive, which cannot happen under this current oppressive and secretive practice. Our residents deserve more. I also would like to quickly add how moved I was to hear from so many voices today expressing their own personal stories of trauma. It was extremely generous of them to share, and it showed me how much strength is in this city’s residents. Thank you for allowing me to speak today.
APPENDIX L Gail Loney November 18, 2020 Resolution No. 200546 I was told, He was pulled over because the new auto tags numbers on his red BMW didn’t match the list of new issue numbers for the week. He had a green light going north bound but they were stopped at the red light going east bound. But they were already flashing their lights before he even finished his turn. When he wouldn’t stop on the dark and deserted street that was Dauphin street, they became furious even though he didn’t speed up or slow down, he kept his pace until he got to the door and then he stopped. When it was all said and done, the young man had been removed from his car, which was then illegally searched, handcuffed and put in the back of the police wagon where 2- officers where while one searched and the other watched. One of the 4-officers respectfully answered my questions and gave his name and badge numbers while the other two answered between clinched teeth, and last but not least, the fourth was all out rude. Language dripping with attitude, he proceeded to inform me that he was not giving me anything so I stood in front of him and got his name and number off his uniform. When it was all said and done, the young man was never told he was being pulled over because his tags were expired, but if they had, he would have told them from the beginning, that, the new tags were in the glove compartment of the car. He was ultimately released, but we were made aware that, they were really mad because he didn’t stop on the dark, deserted street that was 21st and Dauphin. When the ‘white shirt’, which is what we call them, arrived, after I called in a request for a supervisor, I immediately understood why these officers acted in the manner they did. The pace of the leader is the pace of the heard…attitudes trickle down, and the attitude of the supervisor was the worse. He proceeded to let me know that the young man didn’t stop when they turned on their signal and they didn’t know what was going to happen when they pulled him over…I proceeded to inform him that, ‘when 4-officers pull over one young black man, he didn’t know what to expect either, and wasn’t willing to be another statistic, and therefore, never speeding up, continued driving and pulled over in front of his door. I was told, how I live, in a bad neighborhood, and what do I expect from them, them being the police. The more he talked, the cockier he got. I stopped talking to him and spoke to the sergeant I recognized from the Captain’s Community Meetings to let them both know, that I am a livelong community member, who actively participates in many facets of the community and did not appreciate being told about my community, a community he was not and is still not aware of. This is what the 95% of law abiding citizens in this north central neighborhood have to deal with. It’s exhausting.
I’m tired of being overpoliced by SEPTA, Temple University, PHA, and the PPD, and underserved. All these agencies have the same abilities to stop, question, detain and arrest citizens, but we do not know this because it is not readily available knowledge for the general public, which is a problem. The Stadium Stompers brought it to your attention in 2015, you didn’t listen then so maybe you’ll listen now. Being overpoliced does not mean I’m being properly served and protected. More than anything, we are consistently and constantly being put under scrutiny and surveillance. No crime stopping
or crime solving but a budget of $747million, and council actually considering awarding them another $14million for tasers, I don’t think so. Issues: • Citizens being arrested, and unknowingly having a record only to find out when they go for a job, scholarship, or financial assistance of some kind. • Police being reactive not proactive • No transparency or accountability • Bodycams turned on and off at will • Being paid when you are supposed to be disciplined is unacceptable • Constant Disrespect • No knowledge of people or neighborhoods they work in or work for • End qualified immunity: what is that and who in their right mind would even think of that! • Get rid of those arbitrators. Where is, and what is the compliance process around them? Lawyers, and labor associated with the FOP, & PPD are not diversified, and do not care about the general public. • Protecting and serving does not require carrying weapons when you have no discipline associated with its use. • Training in de-escalation is a required • Publicize police investigations and records • The budget for the PPD should not be consistently and constantly higher than the School District. These and other issues where brought to light in 2015 when Commissioner Ramsey was still here and we are still in the same boat. But the biggest affront is that for 52-years this contract was allowed to stand with no amendments on the part of the FOP, or PPD, while the mayors and city council approved every budget request and increase the PPD, and FOP asked for even when we all knew their various constituencies were being killed, hurt, and harassed. I am Gail Loney, Block Captain – 5th Council D APPENDIX M Jay Williams November 18, 2020 Resolution No. 200546 I would like to start by thanking you all for having me. It is an honor to voice my opinion, to listening ears, and I promise I only have a few. I am astonished by the work done in relation to the George Floyd and the Brianna Taylor case. However, there is a need to address an elephant in the room. Neither case would have been appropriately handled, had it not been for the public outcry. Kenneth Walker would still be in jail facing capital charges after his wife was unjustly shot in her bed. I happen to come from a section in this city where many of the residents are at a disadvantage. Many residents do not speak English and are not highly educated. They are not wealthy enough or smart enough to be present with their cell phones at all times, let alone stay in recording mode. As a result, a lot of our police misconduct goes unaccounted for and that is unfair. Personally, I do not like to use the term systematic racism, because what I’ve witnessed is not discrimination of the races, rather discrimination of the classes. We do not have the means nor the wealth to challenge our oppressors.
We need better standards in our operating systems. The reviewing of body cam footage needs to be a requirement prior to preliminary hearings. The footage needs to be presented to the judge and councils, to determine if there is probable cause. Otherwise, a person can be held for the next 8 months, in which their lives would be dedicated to court proceedings. Furthermore, the discrepancies between narcotics officers need to be more thoroughly investigated. I have seen cases in which numerous people have been arrested on the same block, at the same time, with different forms of the same narcotics, and that is a problem. Especially, when the only factor taken into consideration is the word of the officer. Many of our people are forced into plea deals or guilty pleas under trivial pretenses. I say the word our because at the base we are all human. I would like us not to pretend that these deals, presented as a form of freedom, do not play directly into statistics. The system needs to view each person as a human, rather than a conviction rate. It is never you may not see your children for two possibly four Christmases rather 2 to 4 or postponed come back in three months. While I do take into consideration key factors, such as the judge’s time or the time an officer must free up to be present at said court proceedings, more often than not a person is marked up with frivolous charges. And That is never brought to the attention of the court. It is never mentioned how many charges are dropped because of said officer, only how long he’s been on the job, and how familiar he is with these types of arrests. I can only speak personally and I strongly believe that currently in this city we are guilty until proven innocent. It hurts to be an American viewed as a statistic. The current system needs to change. APPENDIX N Kaamilah Moore November 18, 2020 Resolution No. 200546 As a resident of Philadelphia PA I am infuriated that when police brutalized and murder my fellow citizens, they are neither held accountable criminally nor financially as these huge payouts to the victims and their families are paid by us, the taxpayers. I am asking that when these huge settlements are paid, they come from the FOP and not us. If they are not held accountable they will never change their behavior and we will continue to be subject to their terrorism. APPENDIX O Katy Kopnitsky November 18, 2020 Resolution No. 200546 My name is Katy Kopnitsky and I’m a community member living in the Haddington part of West Philadelphia. I want to thank all those who have shared their voices today, especially the young people from our community who spoke up and shared what kind of city they want and need.
I was moved to speak in this hearing because of some recent comments made by FOP President, John McNesby. McNesby’s comments angered me but they did not shock me because they are a part of a pattern. Time and time again the FOP makes it clear that they feel they are above reproach,
above criticism, and above accountability. Their practice of operating without transparency, demanding a greater and greater share of our city’s budget without delivering any positive outcomes for our communities and actually causing grave harm, and their practice of actively preventing officers from facing accountability when they have been violent shows that they are only loyal to each other, and not to the public. That is not any definition of ‘service’ that I recognize. If the FOP wants to operate as a fraternity where their only loyalty is to one another and not to the community, then they should be free to have their boys club — but not with a hold over our city’s resources. The FOP has been functioning as a political lobby not as a union and their main objectives appear to be seizing more and more of our resources, avoiding accountability for the harm they cause, and increasing the community’s perceived reliance on policing and imprisonment as the only solutions to instability in our communities through fear mongering and misinformation. We reject this. We have been rejecting this vision for years, and more adamantly since June of this year. Our communities have been speaking in a clear voice — we want to fund essential community services, survival needs, our schools, the arts, and things that actually get around the other side of instability and prevent it, not show up after the fact in a reactionary way with a gun. We are not asking to continue to try to reform an institution that has persisted in enacting violence without accountability for 180 years. Reforms and attempts to make the police a “nicer” presence in our communities have failed for 180 years often because of direct interference from the FOP. We need to stop throwing money at this failed project. We must divert resources away from policing and imprisonment and place those resources in our communities in ways that make policing and imprisonment unnecessary and obsolete in our future. Our budget should reflect our priorities. I believe in the people. I want to see a budget that prioritizes the people. I believe that when we have what we need we can foster a culture of care that does not need the threat of punishment to maintain stability. That’s all I have to say. Thank you for your time. APPENDIX P Ken Heard November 18, 2020 Resolution No. 200546 We are interested in particular in the Federal government 1033 military materials program which has hidden the need to gear down and away from police spending across the country to provide motion of funds into human needs programs such as the Philadelphia City budget. 39
APPENDIX Q Laura Chance November 18, 2020 Resolution No. 200546 Dear City Councilmembers, My name is Laura Chance. I live at 235 Gerritt street in the First Ward, and I am writing today to express serious concerns about the role of the Fraternal Order of Police and the Police Department in our city. I have lived in the Pennsport section of Philadelphia for four years now, and I am an active member of our Civic Association. Each year, officers from the 3rd District come to our general membership meetings to speak about crime and safety in our neighborhood. As I am sure you are well aware, Pennsport struggles with vagrancy and homelessness, addiction, and car break-ins due to our proximity to I-95 and the city’s lack of infrastructure to support folks suffering from opioid addiction. Since the election of Larry Krasner, leadership from the 3rd District has lamented their restricted abilities to simply lock up vagrants or folks experiencing homelessness. They offer the neighborhood few resources or measures for safety and, instead, tell us to simply make several 911 calls so that officers and resources can be redirected from other parts of the city to our neighborhood. They have also encouraged us to exercise our right to vote in their favor—to elect a different District Attorney—so that they may take a more “tough on crime” approach in their work. Their lack of compassion and understanding of the larger systems at play—for example, little resources for the homeless or programs to support those facing opioid addiction—creates a dangerous situation in which brute force and punitive measures are the only solution for these broader systemic issues. I was further disappointed by the leadership of the 3rd District when, on May 31st during the protests sparked by the death of George Floyd, officers camped out at the Modell’s shopping center on Snyder Avenue only to find that, across the way, a group of men had gathered to “protect” the Target from potential looters. Despite the fact that the Mayor had enforced a curfew and that these men, who happened to be white, were out past said curfew hoping to pick a fight, officers encouraged these men to remain at the Target and to call 911 if they saw suspicious activity. What’s more, these officers described themselves as “excited” when they saw the assumed “looters”. You can find footage of this exchange in a Tweet from @McDanielJustine on May 31st. I found this response to be unprofessional and cavalier. Had this group of men been black instead of white, would the reaction have been the same? Would these officers have encouraged a group of black men to stay and defend their local big box store? I am doubtful. It also sounds like the Fraternal Order of Police is encouraging the appointment of citizen safety captains. Who would those safety captains be? Would it be this group of men at the Target who clearly had aggressive intentions? Nothing about this scenario says “safety” to me. This is why I am concerned about the creation of a safety captain program in conjunction with an organization that needs to be demilitarized and whose power is bloated and dangerous.
The next day, on June 1st, I attended the peaceful protest organized by Black Lives Matter, which made its way toward the parkway and onto I-676. I was at the back of the protest, in a small cluster of people who were still standing on the parkway in front of the Barnes when the rest of the marchers had made their way onto the highway. An armored vehicle drove past our group and sprayed us with tear gas on its way to the I-676 on- ramp. I was shocked and confused. It was clear that this vehicle and its occupants had no intention of maintaining peace or protecting protestors’ right to free speech. I was even more shocked and horrified as I watched protestors become pinned on the highway and further assaulted by police officers with tear gas. Since these protestors had no exit, I ran to the side of the highway to help people climb over the fence and to safety. It was terrifying, and not a single
officer provided any indication of safety. If you have not seen the New York Times coverage and analysis from June 25th, I suggest you do so. I strongly encourage the Mayor and City Council to severely restrict the use of arbitration in disciplinary actions for the Police Unions. Arbitration is an opaque process that protects officers who should otherwise be disciplined or removed from their posts. I also urge the City of Philadelphia to redirect funds away from police officers and towards social safety programs that create resources and support for our city as opposed to enforcing punitive and dangerous measures. We are a city struggling with poverty, eviction, addiction—among other systemic issues, all of which disproportionately affect black, brown, and poor Philaelphians. Police have been given protection and support over these Philadelphians for far too long. It is time that we address these systemic issues head on with resources, support, and compassion. And it is time that we rolled back the power and protections of the FOP and the Philadelphia Police Department so that they might be held accountable for their dangerous actions and learn to exist with accountability and consequence. Thank you for your consideration. APPENDIX R Matthew Scheuermann November 18, 2020 Resolution No. 200546 Hello, My name is Matthew Scheuermann and I’m a resident of West Philly. I’d like to seriously encourage city council to end their FOP contract immediately. This city is obviously going through a lot and we need to think about substantive solutions in ways we’ve never thought before. People are dying because we’re resorting to the untrue notion that ‘reform’ will improve relations between the police and the public. How many times can we do the same thing and expect different results? Needless to say, the tragic murder of Walter Wallace is at the forefront of everyone’s mind. It couldn’t be clearer that police should not have been there. A mental health crisis is something police aren’t capable of handling. I’m sure you know that 40% of people murdered by police are suffering from a mental health crisis. Trained unarmed mental health professionals should have been deployed. What kind of world are we living in? We are smarter than this. Better than this. We witnessed the callousness and sinister nature of the FOP in real time in the hours and days that followed Wallace’s murder. I remember reading a tweet from openly racist head of the Philly FOP, John McNesby immediately after Wallace was murdered in front of his mother (by another open white supremacist, as I’m sure you know). McNesby tweeted “what about the cops?!” What kind of response is this? Think about that. His immediate reaction to a citizen being murdered in front of their family is ‘what about the murderers?’ This is indicative of the division between the police and the community. They view things as ‘us vs. them.’ This is the opposite of what the view of public servants should be. It actually makes me physically recoil to learn that the police requested MORE MONEY after the murder and that YOU ARE ACTUALLY CONSIDERING DOING IT. Unbelievable! And simply unacceptable. What needs to happen is that communities need to be funded and invested in. Period. People need (mental) healthcare, education, food, and housing, among other things. This is what creates safety. This is what cultivates a society of respect and care. I’m not even going to go into the fact that the FOP used that photo of the police carrying that child (unmasked during a pandemic) out of context to promote an entirely fabricated narrative of the events that transpired during the Wallace protests. The police assaulted that family in their vehicle and tore the child away for a photo op. It just makes my blood boil. 41
Despicable, I’m sure you agree. These past months have heightened all of our awarenesses about the function of police in society. And I know that some of you on the council (Brooks, Gym, etc.) are seriously committed to helping our communities. It is challenging to envision a more peaceful society not reliant on police. But it is so so so so necessary that we take the steps to usher in this new, better world. If you’re like me, you’ve been educating yourself about the history of police and police unions. These institutions are extensions of slavery. The abolition of slavery wasn’t a popular opinion at the time as we all know. The abolition of police is proving to be an echo of that. But it is the right thing to do. I want to encourage you all to be ‘brave’ and ‘courageous’ in taking the steps to cut ties with the FOP and severely cutting funding to the police while reallocating funds directly into communities. I want to believe that you are taking your role as public servants seriously and challenging yourself and your personally held norms. But, of course, I can’t be certain. You failed this summer to defund the police, and only your actions now will prove your commitment, or lake thereof, to this city. I’ll end with a question: After all of the terror and death and tumult and information and statistics, all pointing towards the imperative need for police abolition, what makes you still want to fund these institutions? What makes you ignore the torrents of historical data, the mounting dead Black bodies, the abhorrant behavior of individual police and police as an institution, the record number of protests, and still side with the murderous police? If your answer is ‘because it’s what we’ve always done’, ‘all police aren’t bad’, ‘we just need better reforms’, ‘we are contractually obligated to the FOP’, then you are endorsing the ‘us vs. them’ mentality of the police. None of these answers center public safety and public health. None of these answers centers the public to whom you are in true service. So please, before another life is taken, make the right decisions and listen to the people of this great city. The time for change is right now. Cut all ties to the FOP, defund and abolish the police. Fund care and invest in community. Thank you.
Maya Nojechowicz November 18, 2020 Resolution No. 200546 My name is Maya Nojechowicz. I’m a west philly resident and core member of the West Philly Participatory Defense Hub which supports community members with open criminal cases to participate in their own defense, impact the outcome of the case, and change the imbalance of power in courtrooms. I'm speaking today as an individual, though my experience is informed by work with the Hub. At the hub we’ve supported at least two Philadelphia residents facing criminal charges deriving from incidents in which they themselves were victims of police violence and racism. Both had to go to the hospital due to their injuries. Why are they facing charges when they were victims of brutal beatings by police? In any other profession the use of excessive force against another person while on the job would be faced with grave consequences. The same should be true for police.
On 10/27/20 I was at a protest after Walter Wallace Jr was murdered by PPD. I again witnessed brutal violence by police against Philly’s residents. My partner and I were caught in an incident on Pine St between 53th St. and 54th St. around 9pm where officers (blue and white shirts) were attacking people while arresting several protesters. Police shoved us back forcefully with their batons and hit us with batons. We did nothing to provoke this.
Two of the officers had blood on their uniform shirts soaked through in places, and one had blood splattered all over his face shield because he had just beaten a protestor, a woman, with his baton so hard that the blood splattered. I donâ&#x20AC;&#x2122;t know if these officers faced consequences, but I do know the woman was placed in handcuffs and arrested after being brutally assaulted by police. I know none of the officers stopped this from happening; they protected each other, not the people. Not a single officer intervened. There is absolutely no scenario that warrants that kind of brutal physical violence by police against a civilian. Officers must be held accountable for using excessive force on Philadelphians. They should be immediately fired and face criminal prosecution for committing what for any other person in this city would be a crime. The Discipline Code should hold officers accountable for serious harm against community members. Acts of violence should not be included in the arbitration process. Discipline against officers should not be dependent on the chance that a civilian has taken video of the violence. Thank you for the opportunity to submit a comment. Sally Polk November 18, 2020 Resolution No. 200546
Hello my name is Sally Polk and I testified in the FOP contract hearing today. I would like to share the rest of the testimony that I was not able to express during my two minute period. First of all, THANK YOU. Thank you for making this happen, this is revolutionary and so important and I look forward to more transparency and community involvement into the future. I am very appreciative. The Fraternal Order of Police is determined to protect the police at any cost. When over 300 officers were investigated and found expressing racist, homophobic, white supremacist and generally violent rhetoric, only 19 of those officers were fired. A microscopic percentage was fired and the FOP fought it. Now the vast majority of those officers are still on the street policing today. Transparency and community control is imperative to our safety as we cannot trust the police or FOP to value our safety over their power. I strongly support ending the FOP as they are integral to bad cops staying on the street hurting, traumatizing and literally murdering people. We need more transparency, community control and access to information on the Philadelphia police that informs us of their misconduct so that we may protect ourselves form this corrupt and dangerous department of the city... especially when the commissioner of this department has been caught lying to justify police violence on multiple occasions. A department that does not hold police accountable paired with city officials who believe more money for cops is the answer has fatal consequences. President Darrell Clarke said that he wants to give 9.5 million dollars to the police for tasers in response to Walter Wallace's death. I am sickened to know that the president of our city council believes giving the police MORE weapons and the ability to electrocute me or my neighbors is somehow the answer to serving and protecting the mentally ill. (not to mention, tasers ALSO kill people)
We need innovative answers to our problems, we need to decrease the size scope and power of the police and we need to abolish the FOP. I know that many folks are confused and scared by the idea of defunding the police, I would like to offer this clear example of how defunding the police changed the country for the better. Freedom House Ambulance Service was the first ambulance service in this country and it was founded by a group of black people in Pittsburgh in 1967 as a direct response to police violence. These folks were also the creators of the first EMT's, providing medical care before an injured person was even in the hospital ultimately saving countless lives. This was all a direct response to police violence, neglect and incompetence (specifically in black neighborhoods) ultimately resulting in the defunding of police-- relocating funds to a public service that we all use and depend on today. At that time, ambulances did not exist, police officers were responsible for transporting people to the hospital and only had first aid training if any training at all. They were often given ambulance duty as punishment (similar to desk duty) so imagine how dangerous this was to black neighborhoods having disgruntled, untrained police officers throwing them in paddy wagons to take them to the hospital. Throughout history we have asked the police to do too much and to do it while holding a gun. Freedom House Ambulance Service began as a result. The police did not like them because they threatened their jobs and funding, so the police fought them, targeted them and over policed them. Think about that, police officers fought against and attacked the ambulances and EMT's we all depend on today because they would rather keep their funding then aid in creative answers to problems that they fail to solve. Walter Wallace could still be here today if this city valued finding alternatives to the police and relocating funds to professionals who can address emergencies that the police know nothing about. Walter Wallace deserved care, not police with guns or tasers. We ask the police to do too much and the consequences are deadly. End the FOP, defund the police and continue to listen to the innovative black leaders of this city demanding change. Giving the police almost 10 million for tasers tells us that you do not value the mental health of black people. Honoring Commissioner Outlaws request for 18 million for raises and police protest over time tells us you are proud of what they have been doing. After all of the testimony that you received today, I hope that this is not the case. Thank you!
Shoshana Akins November 18, 2020 Resolution No. 200546 Good afternoon, all. Thank you for hosting this hearing and particular thanks to all the Philadelphians who have been impacted by the PPD but do not have time in the middle of the workday to be here. For everyone who can, particularly people who have been listening in since 10:00 am, remember to unclench your jaw, roll back your shoulders, and take a deep breath. We take care of us.
My name is Shoshana Akins, I have lived at 52nd and Locust for 3 years, lived 4 blocks from where Walter Wallace Jr was murdered for 2 years, and have called Philly my home for 8. I have
participated in local Philly politics and social movements since 2015 and have gone to many protests and rallies in the last few months. All of that is to say: I am invested in Philly, I love hard on Philly, and I’ve seen the Philadelphia Police force work DAILY to undo the care, passion, and health Philly residents have in their city. As a short-term resident of 52nd Street, I have witnessed everything from the casual violence of a police officer running down a person and making them fear for their lives because they littered (they dropped a cigarette butt) to the overt attack of police in riot gear sprinting down West Philly’s main street in military formation and beating people bloody who get trapped in their path. And all of this police action is paid for by taxpayers with little accountability, justice, or control and all of it fuels trauma, creating more problems and harming neighborhoods that are then continually addressed with police batons and guns instead of school funding and community-based care. Long-term residents of West Philadelphians are the most resilient, caring people I have ever met but they HAVE to that way because every day, they are under assault, surveillance, and brutal scrutiny from the PPD. Residents need to protect each other as the police continue to have a twisted, oppressive implementation of what “protect and serve” means. The way FOP contract negotiations have been run and PPD disciplinary actions and complaints have been unavailable to the public is undemocratic at best and fascist at its worst. The PPD cannot be trusted to meet the standards of public service or manage their budget of millions of dollars. This City needs and deserves care now and cannot wait on the police department to shape up nor can the police be trusted to implement policies and programs that can provide for Philadelphia. Thank you for your time. APPENDIX V Tamar Wilson November 18, 2020 Resolution No. 200546 My name is Tamar Wilson and with my community organizing group Socialist Alternative I have been active in organizing around the Black Lives Matter movement in the city throughout the summer. In the past several months alone we’ve played witness to multiple severe abuses by Philadelphia police; from the kettling and subsequent gas & rubber bullet attack on peaceful protestors, to the murder of Walter Wallace, to the swarming and assault of a black mother while she was in her vehicle and the kidnapping of her child. For these incidents of oppression – and even terrorism – against the public, no officers have been held accountable and the reason for that is that there is no mechanism for communities to do so! City council adding some small measure of transparency and public accommodation for the FOP contract negotiations is a step, but it’s the bare minimum and it’s not enough: transparency without the ability to act on that transparency is meaningless. It is clear that community control of the police to prevent these abuses is needed. City Council must incorporate the recently passed ballot measure creating a Citizen’s Police Oversight Commission 45
directly into the FOP contract so as to provide equity to the communities the police are supposed to serve in being able to hold them accountable. There is no good reason for the police union to oppose oversight by the same people they are sworn to “protect & serve”. And if the City is to actually represent the people in this bargaining process, they are obligated to bring this to the table. The CPOC, of which its appointees should be democratically elected by the community and not city council itself, must have all powers made available to them including hiring, firing, investigatory and budgetary powers not only to prevent the incidents of state oppression and terrorism that I’ve previously listed but also to create the trust in the community necessary to make the CPOC work at all. APPENDIX W State Representative Donna Bullock, 195th Legislative District November 18, 2020 Resolution No. 200546 I am State Representative Donna Bullock, and I represent the 195th Legislative District in the Pennsylvania House of Representatives which includes parts of North and West Philadelphia. I am also the incoming chair of the Pennsylvania Legislative Black Caucus. I extend my gratitude to Councilwoman Katherine Gilmore Richardson, Council President Clarke and the entire City Council body for the opportunity to offer my testimony today at the first ever public hearing on the Philadelphia police contract proposal. In the days following the police shooting of 14 year old Antwon Rose outside of the City of Pittsburgh, members of the Pennsylvania Legislative Black Caucus introduced several bills to address police reform. Two years later, following the murder of George Floyd, those black caucus members were joined by members of this city council body and several local attorneys. Together they formed the Police Reform Work Group to propose a legislative response to public calls for police reform. One of the recommendations from the group was to require a public comment period before police contracts are adopted by local municipalities. I applaud Councilwoman Gilmore Richardson for introducing and fighting for Bill No. 200364-A- which was signed into law, and the reason we are here today. As Councilwoman Gilmore Richardson worked on this bill over the summer, I was working across party lines and across the state to pass similar language as part of HB 2852, a bi-partisan bill to reform Act 111. I met with various stakeholder groups, including city council members from cities across the Commonwealth, the Pennsylvania Municipal Legal, faith-based leaders, labor groups, and various community leaders and advocates… While my interest in Act 111 reform was centered on the arbitration process itself, it became very clear to me that much more comprehensive, critical review of Act 111 was needed.
So as you prepare to listen to our citizens today, I would like to set some historical context. Act 111 was enacted in 1968 to allow for binding arbitration when a collective bargaining agreement cannot be reached between a municipality and its police officers and firefighters. Act 111 was enacted at a time when our country was experiencing civil unrest similar to what we are seeing today, at a time when rhetoric and a call for “law and order” stoke public fears, and the FOP was gaining significant influence in the labor movement and among elected officials.
Arbitration was offered in exchange for our police and fire professionals giving up their right to strike. It was an effective tool in the labor negotiations toolbox. Over the years, however, Act 111, collective bargaining agreements and the arbitration process became more and more favorable to the FOP, and the process out of balance. FOP contracts now govern more than just benefits, salaries and work conditions. These contracts also govern how we identify, report, investigate and ultimately respond to police misconduct. Contracts and the arbitration process often handcuff police commissioners and supervisors when there are disputes over discipline and police misconduct. Attempts by former police commissioners to make changes to discipline policies and procedures have been blocked by the contract. Some of the policy changes we want to see today- how we want our commissioner to respond to accusations of misconduct- are restricted by the contract. Decisions by the arbitration panel under Act 111, decisions to return police officers accused of misconduct to work, are often determined by the policies and procedures outlined in the contract. And all of this often done out of the public eye, without any public input or scrutiny. Now historically, the FOP has worked to keep the public out of â&#x20AC;&#x153;police businessâ&#x20AC;?. The FOP has pushed back on police advisory and oversight boards. The FOP has fought any changes to Act 111, which has not been amended in the more than 50 years since its been enacted. The FOP is challenging the very legitimacy of this hearing. Why? Because the lack of transparency and public accountability in the collective bargaining process works for the FOP. So, while there may be concerns today about the costs of the police contract, it is my belief that most citizens are simply seeking accountability and transparency. I am respectfully asking that you take this opportunity to listen to those concerns and use your role to recommend appropriate changes in the contract. Meanwhile, I will continue to work in Harrisburg to pass comprehensive Act 111 reform that will require a more balanced, transparent and fair contract negotiation process while protecting public safety jobs and benefits, and more importantly, that will keep residents, police officers, and our communities safe. Again, I applaud Councilwoman Gilmore Richardson for her courage and advocacy. I thank the members of City Council, Council President Clark, Mayor Kenney and the Administration, and the residents of Philadelphia for your time and the opportunity to speak before you today and I look forward to our continued work together to reimagine policing in our communities.
APPENDIX X Rich Lazerâ&#x20AC;&#x2122;s Presentation
APPENDIX Y Letter from Deputy Mayor Rich Lazer
December 18,2020 Dear Council President Clarke, The Mayor and his Office of Labor Relations appreciated the opportunity to hear from the public on what it would like to see in a new collective bargaining agreement (“CBA”) with the Fraternal Order of Police, Lodge 5 (“FOP”). Many of the speakers spoke to painful encounters with police personnel who were described as unprofessional, unresponsive, or actively hostile to the speaker or other citizens. This was distressing to hear, as the Mayor, Commissioner Outlaw, and, we believe, the vast majority of Philadelphia officers are committed to treating those they encounter with respect and dignity. Other speakers offered specific changes that they would like pursued. Because of the multitude of suggestions, we thought it would be helpful to discuss the messages that we heard. It is evident that Philadelphians want a Police Department that is accountable to the public. The changes that the speakers wish to see align, in many respects, with priorities of the Administration: (1) transparency in departmental processes, (2) changes to the disciplinary process, and (3) changes to the grievance and arbitration process. Transparency in Departmental Processes Numerous speakers seek public disclosure of internal investigations and access to contract negotiations. There are certain legal restrictions that prohibit the City from implementing many of these suggestions, but the Mayor’s commitment to transparency in discipline and the arbitration process is demonstrated by the arbitration awards released to the media and the City website that will publish discipline-related arbitration awards for all City unions. That webpage has been published in the weeks since the public hearing and can be found on the Department of Labor’s website: https://www.phila.gov/departments/department-of-labor/grievance-arbitration-decisions/ Changes to the Disciplinary Process Many speakers suggested changes to the process for investigations of police misconduct and discipline of police officers. In our proposals to the FOP, the Mayor is pursuing a range of reforms involving discipline, as well as the ability to transfer work historically performed by FOP members to employees outside of the unit. 49
Changes to the Grievance and Arbitration Process Council members expressed concern regarding the diversity of arbitrators who hear police grievance arbitrations, and many members of the public wish to limit the authority of arbitrators in police discipline cases. The Mayor is pursuing changes in these areas. Our proposals to the FOP seek to increase the diversity of the arbitrator pool in a variety of ways, including increasing the number of arbitrators from marginalized groups. The City also proposes to restrict arbitrators’ ability to change the imposed discipline if they find that the officer engaged in the charged misconduct. In addition, the City is pursuing other changes to the arbitration process and the authority of arbitrators, including establishing a uniform burden of proof (preponderance of the evidence), reforming the evidentiary rules to ensure the parties’ ability to present relevant and reliable evidence, and prohibiting arbitrators from issuing awards in conflict with state and local law and judicial precedent. In conclusion, allow me to reiterate the Mayor’s and Office of Labor Relations’ gratitude for affording us the opportunity to hear from Philadelphians regarding our contract proposals. We value the feedback we have received, and will carry this with us into the upcoming interest arbitration process as we pursue contract objectives to address many of our citizens’ concerns. Very Respectfully,
Rich Lazer Deputy Mayor for Labor
Office of Katherine Gilmore Richardson Councilmember At-Large | City Hall Room 581 | (215) 686-0454 Councilmember Katherine Gilmore Richardson