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                                                      PRINTER'S NO. 2228

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 367 Session of 2007


        INTRODUCED BY ROEBUCK, JULY 3, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 3, 2007

                                  A RESOLUTION

     1  Directing the Majority Leader and Minority Leader to form a
     2     special oversight panel to conduct an investigation and audit
     3     of the Philadelphia Parking Authority.

     4     WHEREAS, In the new era of openness and reform in State
     5  government, it is the duty of the House of Representatives to
     6  ensure taxpayers of this Commonwealth that public funds are
     7  expended in a responsible and accountable manner; and
     8     WHEREAS, The Philadelphia School Reform Commission (SRC),
     9  which is charged with operating the public school system in
    10  Philadelphia, is in a budgetary crisis that threatens the safety
    11  and quality of education of the children of Philadelphia; and
    12     WHEREAS, In 2001, 53 Pa.C.S. § 5508.1(q) (relating to
    13  governing body) was enacted to provide the SRC with monetary
    14  support up to $45,000,000 annually from the Philadelphia Parking
    15  Authority (Authority); and
    16     WHEREAS, In 2004, 53 Pa.C.S. § 5508.1(q) was repealed and
    17  subsection (q.1)(2)(ii) was added, stating that in the event the
    18  net annual revenue of the Authority's system of on-street

     1  parking regulations exceeds $25,000,000, the Authority shall
     2  transfer all of the excess to the general fund of the SRC; and
     3     WHEREAS, At this time, SRC documents reflect that the
     4  Authority has transferred no more than $4,000,000 to the SRC
     5  since 2001; and
     6     WHEREAS, At this time, it is unknown if the Authority has
     7  transferred money to the SRC in compliance with 53 Pa.C.S. §
     8  5508.1(q.1)(2)(ii) or if the proposed revenue structure of 53
     9  Pa.C.S. § 5508.1(q.1)(2)(ii) is sufficient to help fund the SRC;
    10  and
    11     WHEREAS, The Authority's funding sources, operating and
    12  capital budgeting must be reviewed to ensure the SRC receives
    13  appropriate funds to educate the children of Philadelphia; and
    14     WHEREAS, The public confidence in an investigation of ongoing
    15  operations of the Authority would be served best by an
    16  independent investigation; therefore be it
    17     RESOLVED, That the House of Representatives direct the
    18  Majority Leader and the Minority Leader to organize a special
    19  oversight panel in accordance with this resolution to conduct an
    20  overall and inclusive investigation of the operations,
    21  administration, management and finances of the Authority; and be
    22  it further
    23     RESOLVED, That the panel be comprised of five members chosen
    24  by the Majority Leader and four members chosen by the Minority
    25  Leader; and be it further
    26     RESOLVED, That the panel members be appointed within five
    27  days of the adoption of this resolution; and be it further
    28     RESOLVED, That within ten days after the adoption of this
    29  resolution, the Majority Leader call the initial meeting of the
    30  task force; and be it further
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     1     RESOLVED, That, at the initial meeting, the members elect a
     2  chairperson by majority vote; and be it further
     3     RESOLVED, That the panel's investigation include an
     4  operations and financial audit of the Authority; and be it
     5  further
     6     RESOLVED, That the panel evaluate the current structure and
     7  system of performance of the Authority and conduct a
     8  comprehensive coordinated evaluation of the Authority's
     9  financial management; and be it further
    10     RESOLVED, That the panel's considerations include the
    11  development of productivity standards as they pertain to the
    12  Authority's operations, the implementation of a more efficient
    13  management and personnel structure, the provision for an annual
    14  and a biennial performance audit, the returning of the Authority
    15  to the City of Philadelphia and the effectiveness of the
    16  Authority's governance; and be it further
    17     RESOLVED, That the Authority's management be directed to
    18  provide, within 15 days of the adoption of this resolution, a
    19  report to the General Assembly stating the reason for its
    20  failure to meet its obligations under 53 Pa.C.S. Ch. 55
    21  (relating to parking authorities) or, if there is compliance
    22  with 53 Pa.C.S. Ch. 55, the reason for its minimal financial
    23  transfers to the SRC; and be it further
    24     RESOLVED, That the panel be empowered to hold hearings, take
    25  testimony and make its investigations at such places as it deems
    26  necessary in this Commonwealth and that each member of the panel
    27  have power to administer oaths and affirmations to witnesses
    28  appearing before the panel; and be it further
    29     RESOLVED, That the panel be empowered to issue subpoenas
    30  under the hand and seal of its chairperson commanding any person
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     1  to appear before the panel and to answer questions touching
     2  matters properly being inquired into by the panel and to produce
     3  books, papers, records and documents the panel deems necessary;
     4  and be it further
     5     RESOLVED, That subpoenas be servable upon any person and have
     6  the same effect as subpoenas issued out of the courts of this
     7  Commonwealth and that any person who willfully neglects or
     8  refuses to testify before the panel or to produce books, papers,
     9  records or documents be subject to the penalties provided by the
    10  laws of this Commonwealth in such case; and be it further
    11     RESOLVED, That the panel be authorized to contract and
    12  consult with outside parties for the purpose of conducting all
    13  or part of its investigation or audits; and be it further
    14     RESOLVED, That the expenses incurred by the panel in carrying
    15  out its responsibilities, including expenses for any
    16  contractors, counsel or consultants, be paid from appropriate
    17  accounts under the control of the Chief Clerk; and be it further
    18     RESOLVED, That the panel make a preliminary report of its
    19  findings to the House of Representatives on or before February
    20  29, 2008, an interim report on or before May 1, 2008, and a
    21  final report on or before June 1, 2008; and be it further
    22     RESOLVED, That the panel not be disbanded or the
    23  investigation terminated until the final report has been
    24  received by the House of Representatives.




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