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File #:
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010593
Version:
0
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Name:
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Type:
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COMMUNICATION
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Status:
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PLACED ON FILE
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On agenda:
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Final action:
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10/4/2001
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Title:
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October 4, 2001
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith as disapproved, Bill No. 010527 passed by Council at its session on September 20, 2001.
Bill No. 010527 would have authorized a voter referendum on an amendment of the City Charter. This amendment would purport to establish a process for authorizing the privatization of the administration, operation and management of the Philadelphia School District. In effect, the proposed Charter amendment would have prohibited certain privatization contracts absent specific voter approval of the contract. By not signing the Bill on September 21, the day following passage by Council, the referendum can not be placed on the November 6, 2001 ballot. For several important reasons, I have now decided to veto the Bill so that it cannot be placed on the ballot at the primary election on May 14, 2002.
First, amending the Philadelphia Home Rule Charter is serious and significa...
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Title
October 4, 2001
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith as disapproved, Bill No. 010527 passed by Council at its session on September 20, 2001.
Bill No. 010527 would have authorized a voter referendum on an amendment of the City Charter. This amendment would purport to establish a process for authorizing the privatization of the administration, operation and management of the Philadelphia School District. In effect, the proposed Charter amendment would have prohibited certain privatization contracts absent specific voter approval of the contract. By not signing the Bill on September 21, the day following passage by Council, the referendum can not be placed on the November 6, 2001 ballot. For several important reasons, I have now decided to veto the Bill so that it cannot be placed on the ballot at the primary election on May 14, 2002.
First, amending the Philadelphia Home Rule Charter is serious and significant business. It ought not be done in haste. Although the bill would set in motion a process to amend the City’s Home Rule Charter, this matter received virtually no public debate. One brief public hearing was held on this matter—on September 12, 2001, the day the country experienced a tragedy without parallel in our nation’s history. Testimony was presented on behalf of my Administration, and by only one small group of community members. Surely a proposed Charter amendment—particularly one purporting to promote public involvement—merits more public scrutiny.
Second, this measure is misleading to voters and would not accomplish what I understand to be its intent. The Empowerment Act of 2000, part of the Pennsylvania Public School Code, specifically authorizes school boards to enter
President of City Council
Members of City Council
October 4, 2001
Page
into contracts with private entities to operate schools or provide educational services. State law prohibits City Council from framing any charter provision that would contravene an act of the General Assembly. So the Board of Education already has the express statutory authority to take action in this arena, and at the very least, this proposed charter amendment would attempt to interfere with a key intent of the Empowerment Act, which is to provide school districts with new operating flexibility.
Third, the resolution, as passed by City Council, and ballot question ordinance establish a convoluted process that will strangle current School District operations. The amendment proposed in Resolution 010532 and Bill 010527, in turn requires subsequent Charter amendment prior to the privatization of any aspect of school administration, management or operation. Section 12-200 of the Resolution would amend the Charter to permit the privatization of school functions if Council approves a resolution proposing an amendment to the Educational Supplement of the Charter specifically authorizing the contract attached to the resolution. Final approval of any contract would also entail a public referendum.
The proposed process would have significant unintended consequences as well. These unintended consequences would have the potential to paralyze School District operations. There are literally hundreds of service contracts with for-profit companies - from sole proprietors, to small companies, to large, publicly traded corporations - for a range of services, including supplemental educational services, alternative educational placement, assessment tools, management services, communications and transportation. For example, for profit businesses provide approximately half the District’s bus transportation service at an annual cost to the District of approximately $30 million. The District operates disciplinary schools pursuant to contracts with private businesses. These contracts would also fall within the purview of the bill. Given the broad, generalized language of the proposed referendum, each of these service contracts with for-profit entities arguably would require a citywide vote as well as a vote at each of the affected schools on each proposed contract. Such a process would not only discourage for-profit service providers from even bidding on school district contracts, but it would also cause massive disruptions in the delivery of services to schools and would needlessly distract from the core mission of teaching and learning at our schools.
I recognize that our decisions will have profound consequences and that there is a desire for public input into the future of public education in our City. My administration is willing to work with City Council, community groups and the
confusing and potentially harmful process that would be created by enacting Bill No. 010527.
For the sake of the school children, for whom we are attempting to achieve an uninterrupted and much-improved public education, I ask your support in sustaining this veto.
Respectfully submitted,
John F. Street
Mayor
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