May 20 Ballot Question to require Council sign-off on certain City contracts

A ballot question proposal was enacted on Feb 20, 2014:

Resolution #130861, Bill #130851

You can look up the details using the bill and resolution numbers at https://phila.legistar.com/legislation.aspx.

Text of Resolution #130861

WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to The Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore
 
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to The Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by Ordinance:
 
Bold italics indicates matter added by this amendment.
 
ARTICLE II
LEGISLATIVE BRANCH
 
The Council - Its Election, Organization, Powers and Duties
 
CHAPTER 3
LEGISLATION
 
*      *      *
 
Section 2-309.  Leases and Contracts.
 
*      *      *
 
      (6)      Contracts for a period of one year or less, and renewals or extensions of such contracts.
 
            (a)      The following contracts, renewals and extensions may be made only when permitted by Ordinance:
 
                  (.1)      Contracts for the rendering of services over a period of one year or less that involve an expenditure of more than one hundred thousand dollars ($100,000) for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order.
 
                  (.2)      Any renewal or extension of the term of a contract described in subsection (.1), including the renewal or extension of the term of a contract entered into prior to the effective date of this subsection (6).
 
            (b)      Exemptions.
 
                  (.1)      Council may by Ordinance exempt from the requirements of subsection (6)(a) any contract, including any renewal or extension, that would otherwise be subject to those requirements.
 
                  (.2)      Any contract, including any renewal or extension, with the following organizations that would otherwise be subject to the requirements of subsection (6)(a) shall be exempt from those requirements unless Council provides by Ordinance to the contrary: the Defender Association of Philadelphia, the Support Center for Child Advocates, and Community Legal Services.
 
            (c)      The requirements of this subsection (6) are in addition to any requirements imposed by other provisions of this Charter.

 

Text of Bill #130851
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
 
SECTION 1.      There shall be submitted for the approval or disapproval of the qualified electors of the City of Philadelphia at the election to be held May 20, 2014, the amendment to The Philadelphia Home Rule Charter contained in Resolution No. 130861 approved by Council on February 20, 2014 and filed in the Office of the Clerk of Council.
 
SECTION 2.      There shall be placed on the ballot the following question to be answered “Yes” or “No” by the qualified electors participating in the election:
 
Shall The Philadelphia Home Rule Charter be amended to provide that Council approval is required for certain contracts for one year or less for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required?
 
SECTION 3.  The Clerk of Council is hereby directed to have printed in pamphlet form, in sufficient number for general distribution, the proposed amendment to The Philadelphia Home Rule Charter as set forth in Resolution No. 130861 together with the ballot question set forth in Section 2 of this Ordinance.
 
SECTION 4.      The Clerk of Council is hereby directed to cause to be published in three (3) newspapers of general circulation in the City and in the Legal Intelligencer the proposed amendment to The Philadelphia Home Rule Charter, together with the ballot question set forth in Section 2 of this Ordinance, once during the three (3) weeks preceding the election on May 20, 2014; and further, at such other time and in such other manner as he may consider desirable.
 
SECTION 5.  The Mayor is hereby authorized and directed to issue a proclamation giving at least thirty (30) days' notice of such election.  The Clerk of Council shall cause a copy of the proclamation to be published in at least two (2) newspapers of general circulation in the City and in the Legal Intelligencer once a week during the three (3) weeks preceding the election on May 20, 2014.
 
SECTION 6.      The appropriate officers are authorized and directed to take such action as may be required for the holding of an election on the ballot question set forth in Section 2 of this Ordinance as provided for by the laws of the Commonwealth of Pennsylvania.
 

There is an accompanying Resolution:

 

Resolution proposing an amendment to The Philadelphia Home Rule Charter to provide that Council approval is required for certain contracts for one year or less for the purpose of providing legal representation and related services for indigent persons, including but not limited to parents and children who are subjects of dependency proceedings; criminal defendants; persons in juvenile justice proceedings; persons involved in behavioral health proceedings; and indigent persons involved in other proceedings where legal representation is required as a matter of law or by court order; and to provide that Council approval is also required for renewals or extensions of such contracts; and providing for the submission of the amendment to the electors of Philadelphia.

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