Welcome to our inaugural Monday Morning Quarterback, a deep-dive into prominent issues facing Philadelphia and the Commonwealth. As always, this newsletter is a work in progress and your feedback is appreciated, particularly as we work to find our groove.
đłď¸ City Council Recap: March 18, 2021
Last weekâs City Council session was a relatively subdued affair, with Councilmembers introducing only a few bills and resolutions. Most of the session was taken up by public comment related to a host of topics on the Final Passage calendar1. Citizens weighed in on a variety issues ranging from arts and culture funding to affordable housing to birds. đŚ
Most notably, Council voted on its âPublic Health Emergency Leaveâ legislation (Bill No. 210122-A), which extends and expands eligibility for paid sick leave during the Covid-19 pandemic. The bill, introduced by Councilmember Kendra Brooks (I-AL), passed unanimously and is expected to be signed into law by the Mayor this week.
đ¸Â Who should choose our school leaders?
On Thursday, Councilmember David Oh (R-AL) introduced a Charter Change package that would reform how members of the Board of Education are selected. The Board of Education is charged with the âadministration, management and operation of theâŚschool district.â2
Currently, the nine member School Board is appointed by the Mayor, âwith the advice and consent of a majority of all the members of Council after public hearing, from lists of names submitted to him by the Educational Nominating Panel.â3 Councilmember Ohâs proposal would make five of the nine seats elected positions, leaving a minority of the seats Mayoral appointments.
Upon introduction of his legislation, Councilman Oh explained both the substance and reasoning behind his proposal, noting:
What I have done is introduced a concept of dividing the School District into five regions, whereby the voters can elect a regional School Board member to represent them and their needs in a way more tailored to what they want. I believe that would improve equity, quality, transparency and accountability. Five elected School Board members and four members approved by the Mayor.
The proposed Charter Change, which would have to be approved by a super-majority of City Council and then by a majority of voters at the polls, pairs the borders of adjoining councilmanic districts to create five regions from which Board Members would be elected. The regions are proposed as follows:
Northwest (4th and 8th Councilmanic Districts)
Northeast (6th and 10th Councilmanic Districts)
Central West (3rd and 5th Councilmanic Districts)
Central East (7th and 9th Councilmanic Districts)
South (1st and 2nd Councilmanic Districts)
Itâs worth noting that the current iteration of the Board of Education returned only in 2017, following the self-immolation of the state-led School Reform Commission and the return of School District administration to local control.
đ¤ Analysis: Accountability or politics as usual?
There are two critical questions that City Council should explore as it considers this creative proposal.
First, will an elected School Board result in better student outcomes than an appointed one?
At the heart of the legislation is the belief that an elected School Board will be more transparent and accountable and produce better outcomes for students than an appointed School Board. Councilmember Oh cites âmanagement issues, lack of equity, and low academic performance marksâ as the drivers of his School Board reform. In a press release issued by his office, Oh states:
Shifting the School Board from an all-appointed body is not a silver bullet solution for the ongoing crisis in Philadelphia. But it is a bold leap in the right direction to ensure increased accountability, transparency, and provides parents and students with a much-needed seat at the table.
But does the evidence support this conclusion?
Unfortunately, a recent study comparing elected and appointed School Board notes that âthe research does not strongly suggest that either type of board makes a substantial impact on student outcomes or board member accountability overall.â In other words, district size, resources and socio-economic conditions remain the most important factors impacting student outcomes, regardless of whether the Board is appointed or elected.
Councilman Oh acknowledges the importance of the other factors at play and that his legislation isnât a âsilver bulletâ for the troubles facing the District. However, heâs right in noting that the current Board of Education structure was created decades ago, and that itâs worth asking whether this is the most effective governance system in place for a District that oversees critical work of educating over two hundred thousand children and a budget of over three billion dollars.
The other question that City Council should ask itself as it considers this proposal is whether the purported benefits of an elected School Board will be outweighed by the introduction of politics into the process.
In other words, will School Board elections turn into politics as usual, as usual?
Letâs consider another supposedly apolitical elected position - that of the judiciary. Pennsylvania is in the minority of states that elects its judges. Every spring, voters step into the polling booth to parse through a long list of judicial candidates hoping to see a name they recognize. In these âlow information electionsâ most voters wonât know anything about the candidateâs qualifications or background as they cast their ballot.
As a result, judicial elections are more appropriately described as judicial lotteries, an event where success is heavily dependent on the luck of the draw from a forty-year old coffee can and party support that is openly paid for.
Thus, a key consideration Council and the public will have to weigh is whether subjecting apolitical positions to a political process results in the selection of better public servants or better politicians.
Councilman Oh recognizes these concerns about the politicization of the Board and has put additional safeguards into the legislation, including prohibiting the service of elected officials and their employees and individuals âaffiliated with a partisan political organization.â This is a good start.
Prioritizing student outcomes and ensuring that the most qualified, not the most well-connected, serve on the Board should be the top priorities of any School Board reform. If it moves forward with the proposal to elect members, Council should consider additional provisions to insulate the School Board from political influence as well as scheduling School Board elections during high-turn out cycles to ensure maximum attention and participation from voters for these important positions.
Public hearings on Councilmember Ohâs proposal have not yet been scheduled, but if heard will be before the Committee on Law and Government.
Weekly Poll:
What do you think? Should the Board of Education be elected by voters or appointed? Participate in the weekly reader poll below.
đâ Question of the week: What is the Difference between a Bill and a Resolution?
Letâs start with the very basics - the laws of the land that govern Philadelphia: the Philadelphia Home Rule Charter and the Philadelphia Code.
A general and simple way to think about it is that the Home Rule Charter sets the rules that the city officers and government must follow and the Philadelphia Code sets the local rules that people and organizations in Philadelphia must follow.
In order to change the Charter or the Code, City Council must pass an ordinance. A âbillâ is a proposed ordinance, or a proposed change to the law.
âResolutions,â unlike bills, do not propose changes to law. Generally, resolutions authorize administrative actions or provide public recognition or honor of an individual.
In order to pass City Council, a bill must go through the full legislative process before it is enacted (committee hearing, Council vote, Mayor signing), while a resolution generally does not require a hearing and can be enacted with simple majority of Council voting aye.
Have a question youâd like answered? Let us know in the comments.
The Final Passage Calendar refers to bills and resolutions that are eligible to be voted on by the full body.
Phila. Home Rule Charter Section § 12-200
Phila. Home Rule Charter Section § 12-201