The Philadelphia City Council voted down a plan to ban plastic bags. This means stores can continued to offer shoppers the choice of plastic or paper bags. Heard in the Hall reports that one of the plan’s sponsors was so mad at Shoprite’s lobbying effort that helped kill the bill that he will urge a boycott people to decide for themselves whether to patronize the stores.

Councilman Jim Kenney, a co-sponsor, blamed ShopRite for lobbying against the bill, and encouraged Philadelphians not to shop there. DiCicco (Frank DiCicco the bill’s other co-sponsor) accused the plastic bag industry for undermining the bill.

“I have never dealt with an industry that has been so manipulative,” DiCicco said on the Council floor.

We want to know what you think. Is a boycott of Shoprite is justified over this?

Letter from Frank DiCicco's attorney warning Jethro Heiko to apologize and retract recent statements. Click image to see full size letter

If you call a politician corrupt, can you be sued for defamation? Calling all attorneys out there. We need your pro bono advice.

On Monday, Philadelphia City Councilman Frank DiCicco’s lawyer/son warned in a letter to anti casino activist Jethro Heiko that he could be sued for defamation of character for comments he made on the Young Philly Politics blog. Heiko left his comment on a story about the City Council’s approval for a new zoning designation for the site around 8th and Market Streets where the Foxwoods casino is expected to be built. Heiko criticizes Frank DiCicco and the rest of City Council for not doing more to block Foxwoods and another casino. Heiko is a founder of Casino Free Philadelphia which has opposed the state’s plan to bring casino gambling to the city. In Christian DiCicco’s letter to Heiko, one of the comments he cites as being “malicious, false and defamatory” is this one.

Comment made by Jethro Heiko of Casino Free Philadelphia

Heiko responded to Christian DiCicco’s letter with a blog post on Young Philly Politics. He said, he would not apologize and he will not retract anything. Here’s where it gets interesting. Heiko says he didn’t defame anyone because the word “corruption” refers to the councilman’s moral judgment.

what I meant when I referred (and will continue to refer) to the Councilman as a politician who engages in corruption. But let’s get real about the term – it means lacking in integrity, virtue and moral principle; it means a deviation from what is right; it means failing to represent the public interest. It does not mean that the official took a bribe and I have never used it that way.

Now I don’t know if the DiCicco’s will actually file a defamation suit, but I want to know whether you think the word “corruption” is defamatory as in, this politician is on the take and I can prove it, or if it’s similar to suggesting someone makes bad decisions.

Just to give you a starting point. Here’s the definition of corrupt from the Merriam-Webster Online Dictionary.

Corrupt: a: impairment of integrity, virtue, or moral principle : depravity b: decay, decompositionc: inducement to wrong by improper or unlawful means (as bribery) d: a departure from the original or from what is pure or correct

This follows a separate ruling that orders the Eagles to pay the city $8 million costs related with the now demolished Veterans Stadium.  Under a contract the team was supposed to pay rent to the city for the use of luxury sky boxes. But the team withheld $8 million due to the city because it believed it lost the same amount after a game had to be canceled due to poor field conditions.

Mayor Michael Nutter issued the following statement this morning.

I am pleased that this matter has finally been concluded.  Just over a week ago Judge Sheppard ordered the Eagles to pay the City $8 million and today he has ordered the City to pay the Eagles $5 million, resolving both pieces of this case.

The bottom line is that the city comes out $3 million ahead.

Whew! This dispute is finally over.

Vincent Fumo

A judge yesterday denied fomer state Senator Vince Fumo’s request for a delay in sentencing. Prosecutors say the 66 year old  he could face anywhere from 21-27 years in prison.  Fumo’s attorneys will argue for less time and say they needed more time to prepare their arguments.

Fumo was one the most powerful politicians in Pennsylvania and weilded tremendous influence in Philadelphia politics. He was convicted of defrauding the Senate, obstruction of justice, and defrauding a South Philadelphia non-profilt organzation.

To read more, check out Craig McCoy’s write up.

The Southeastern Pennsylvania Transportation Authority (SEPTA) is committed to providing non-discriminatory transportation services to all of its passengers, including schizophrenics, drug addicts, Irish Catholics, hipsters, homos, prostitutes, gentrifying transplants, raging maniacs, tourists, obnoxious Penn students, corner boys, pimps, drunk rich kids who still think Old City is cool, and terrified suburbanites who tremble with unease at the sight of everyone.

Illustration of the interior of Foxwoods casino as it was proposed for its original south Delaware Ave site

When I applied for a job at a Pizza Hut, It was never put in writing that I might have to stand on my feet for hours, pick up pizza crust under the tables, or carry sizzling hot food. All this was just a given.

But for Foxwoods casino, the human resources department wants to make sure there are no misunderstandings about the job you are applying for. If you go to the Foxwoods website, you can see a description of some of the 950 jobs anticipated for the Philadelphia site.

In many ways, job descriptions should be more like these, that way as an applicant you can get a better picture of what you’re in for. Most companies just point to the line “perform other duties as required” to make you work like a dog. So, my hat’s off to you Foxwoods for spelling out clearly what your needs are. Here’s a job description for a Slot Attendant.

This next one is for a security guard job. It has the usual stuff like “observes for unusual or illegal activity.” The last line is the one that caught my attention. it’s reminiscent of a tobacco warning label from the legal department.

Finally, this last one for a Cage/Slot Booth Cashier. It has all the standard requirements like “Transfers cash and checks between cages and/or departments.” Then it cuts to the chase and lays out the bottom line on minimum math requirements.

Anyone ever seen job descriptions this detailed?
Anyone think the labor unions should start a campaign against the phrase “performs other duties as required?”

Severino D. Verna Jr., who ran the Verna Funeral Home at 1244 S. Broad St. for more than 50 years and was the husband of Anna Cibotti Verna, president of City Council, died Saturday of complications of a stroke. He was 78 and lived in South Philadelphia.

He was the brother of Anthony Verna, the inventor of instant replay and winner of several Emmy awards.

Riding on a sidewalk can be dangerous as shown here

fyi: 6/16/09 - 5:01 p.m. Police say a woman riding her bicycle (with her dog in a backpack) was hit by a taxicab early this morning on south Broad Street. She and the dog survived. full story

The Philadelphia City Council is considering raising the fine for riding your bike on a sidewalk in the city limits. What? It’s illegal to ride a bike on a sidewalk?

I had no idea that riding your bike on the sidewalk in Philly is illegal. I always thought the sidewalk was there for amateur bicyclists and the street was for the more seasoned and confident riders.

According to the law, bicyclists age 13 12 and older are supposed to ride in the streets with the cars and buses. If you caught on the sidewalks it is a $10 fine. Under the new proposed law (pdf), violators could get slapped with a $50 ticket.

So, how come no one ever told me? Apparently non enforcement of this law is to blame for most of us never knew this.

I called the Bicycle Coalition of Greater Philadelphia because I thought they would be mad about raising the fines on sidewalk bikers. But the Bicycle Coalition represents the hard core riders who fully embrace their right to go pedal-to-pedal with the big dogs. These are the riders who dodge bus mirrors, car door openings, and Joey Vento’s rage. In fact, they actually patrol some areas to educate bicyclists to get off the sidewalks.

Here’s more from John Boyle with the Bicycle Coalition.

We realize that bicyclists on the sidewalk is a chronic problem in Philadelphia, our bicycle traffic counts reveal that about one in four bicyclists are using the sidewalk in Center City. Resolving that problem will take an extensive campaign that includes enforcement of the law, education of bicyclists and engineering improvements on the street to encourage bicycle travel. While the Bicycle Coalition does not have the authority to enforce the law or make engineering changes, our Bicycle Ambassadors are out on the street educating cyclists about the dangers of bicycles on the sidewalk. As it turns many do not know that it is against the law while others contend that the streets are too dangerous to bike in.

But wait there’s another surprise. This bill is much bigger than how I would choose to ride to Wawa.

According to John Boyle, advocacy director for The Philadelphia Bicycle Coalition, the heart of this bill has more to do with the planned overhaul of the Delaware River waterfront

The origin of the bill came because Columbus Blvd will be designated as a part of the Central Delaware Waterfront Trail. The City has already put striping down on the sidewalk as part of the implementation process.

To make that happen, this bill includes a provision that will allow the Philadelphia Streets Department to designate some sidewalks bike friendly.

So, get off the sidewalks and into the road. Also, wear a helmet and whatever you do, don’t use a cell phone on your bike.

A new state law, going into effect July 31, not only will stop pension payments to working public employees abusing retirement regulations, but also force them to disgorge any benefits they already have received.”The new law simply reflects what already exists at the federal level. You cannot do this and have either a handshake or a written agreement with your employer,” said Jeffrey Hutson, chief communication officer for the state’s Public Employee Retirement Fund. He said anyone who legitimately retires and later is called back to work has nothing to fear.

Can you believe that Philly? Someone would fake their retirement and start collecting a pension check then continue drawing a salary? I’m not going to trust anyone from the Midwest again.

I found this article after the Poynter Institute’s Al Tompkins wrote about the mini uprising against the abuse of these DROP-like programs around the nation. It’s not just in Indiana, but also in New Mexico and Florida.

In Florida, they call this practice “double-dipping.” The legislature has passed a bill that would make it harder but not impossible to retire and get rehired. A worker must wait six months before reapplying for their job.

Philadelphia currently allows for these double-dipping or sham retirements for its City Council members. Under city rules, a council member can “retire” for a day and then return to work. Council members have defended this by saying that at the end of their four year term their employment with the city is kaput. But it’s the voters, in all their wisdom, rehire them for another four year term. The City Solicitor recently checked on the legality of this and found no problems with it.

It may be legal, but that doesn’t mean people can’t see the absurdity of retiring for a day. Earlier this year, when a series of public budget workshops were held and there the citizens identified the DROP program’s use by elected officials as something that ought to end. Here’s an excerpt from the the Final Report.

One of the most discussed items. Fierce public outrage over elected and appointed officials being eligible for this. Strong opposition to people retiring for a short time, then returning to work. Support for what is seen as the original purpose: Helping the retirement security of people who’ve done physical or dangerous work for the city, while clearing the way for younger, cheaper workers.

City workers in Philadelphia are eligible for the DROP program, but citizens for the part have no problem with how they use it.  The big difference is that while city worker’s can draw his/her pension during their last four years on the job, when they retire they leave the building.

Philadelphia Mayor Michael Nutter has ordered a task force to look into the DROP program to see if any changes should be made.

In the meantime, I’m curious what you think. Should elected officials be allowed to retire for a day and collect retirement benefits?

For a good description of how the DROP program works in Phillly, check out this story from Ben Waxman at It’s Our Money.

Listen:

Imagine you’re warming up for a church-league softball game. Glancing across the diamond, you watch as the other team’s captain peels three fresh 20-dollar bills out of his wallet, and stuffs them in the umpire’s palm.

“Hey,” you shout, “What gives here? Was that a bribe?”

The ump sniffs: “That was a separate transaction which will have no impact on my ability to call balls and strikes with utmost impartiality. After all, I’m an umpire.”

Would you buy that? Would you play the game, content that you’re getting a fair shake from the man in blue?

Not likely, mate.

So why accept similar behavior from a person in black robes, a judge who holds the power to imprison or to free, to enrich or impoverish?

Last week, the U.S. Supreme Court ruled on just this issue. In a typically close decision, it ordered a West Virginia judge to recuse himself from a case involving a coal company whose head honcho had spent $3 million to help elect the selfsame jurist.

As your teenager might say: Duhhhh! Why was this even a close call?

Pennsylvania elects all its judges. Pennsylvania judges regularly embarrass the state. Coincidence? I think not.

Here’s what electing judges does. It forces them to beg campaign cash from the very people who would appear before them in court. It forces voters to choose from clogged slates of unknown names. Not surprisingly, those voters fall back on dumb factors such as ballot position, ethnic surnames and who bought the most TV ads.

Judicial elections have become costly showdowns between corporate and union lobbies, with clueless voters in the crossfire.

The obvious alternative, merit selection, has its own problems. It doesn’t so much take the politics out of choosing judges as move it behind closed doors. It’s preferable, but not perfect.

Here’s my modest proposal: Elect judges, but give voters a roster of candidates who’ve been screened and chosen by a diverse, transparent merit selection panel. This panel’s evaluations of all candidates would be made public. So would names of all the candidates’ donors, so voters could sense how many conflicts might hamper a nominee’s performance, if elected.

In sum, you’d still have judicial elections, but with candidates vetted by merit selection.

It’s a hybrid. And, as everybody knows, hybrids run cleaner and offer better mileage.