Philadelphia City Council Ethics Handbook

Ethics Policy

Part I. General Principles of Conduct for Council Staff Member

Promoting Common Good. A Council staff member is a public servant. The broad purpose of his or her work is to assist City Council in promoting the common good of the citizens of Philadelphia.

Loyalty to the City Council. The mission of Council is to represent the people in deliberating and deciding about matters affecting the common good. The mission of Council staff members and the purpose of their public service is to support Council in its mission. Any action or inaction which could bring disrepute to, or infringe upon the authority of, the legislative branch of government or the principle of representative government conflicts with this service.

Trustworthy. A Council staff member stands in a relationship of trust, confidence, and responsibility to Council and has the duty to act in a way that makes him or her worthy of the trust and confidence Council places in staff members. {Comment: Staff members stand in a special relationship to Council members. As staff members they are entrusted with various tasks that give them an important role in the process by which decisions for the common good are made by Council. In performing these tasks, staff members are expected to give Council the full benefit of their knowledge and skills without usurping the authority to make legislative decisions, which has been exclusively delegated to Council members. To be worthy of this special relation of trust--to be trustworthy--a Council staff member must meet certain obligations to Council members, colleagues, and the general public.}

Civil. A Council staff member respects the rights of individuals to hold different opinions, and speaks truthfully without accusation or distortion, and avoids heightened rhetoric when serving Council. {Comment: A Council staff member who demonstrates civility chooses words carefully and understands that staff actions or communications reflect directly upon Council members, and ultimately, the legislative institution. The actions of a Council staff member reflect upon Council as an institution, and staff, by default, represent the institution. Civility requires an acknowledgement of opposing views and the right of others to hold those views. It does not suggest or require acceptance or agreement with those opinions. A civil staff member understands that attempts to distort the opinions or reputations of others oftentimes result in a reciprocal effect upon the institution. A civil Council staff member is careful to remain civil in his or her own interactions, and thus serve as a positive example of maintaining and promoting civility within the legislative institution.}

Part II. Political Activity

Political activity by City officers and employees is governed by Section 10-107 of the Philadelphia Home Rule Charter, Regulation No. 8 of the Philadelphia Board of Ethics, and by the Public Official and Employee Ethics Act, 65 Pa.C.S. Sections 1101 et seq,. In general, City employees are prohibited from engaging in political activities while on duty. However, City Council employees (and to a much greater extent elected officials) are allowed to engage in certain political activities on their own time, provided they are not using any city-government resources, property or paid personnel.

POLITICAL ACTIVITY WHILE ON DUTY OR WHILE USING CITY RESOURCES IS STRICTLY PROHIBITED AT ALL TIMES. Violations of this rule are punishable by both civil fines and criminal penalties, including the possibility of a lengthy prison sentence.

COUNICL STAFF MEMBERS CANNOT ACT AS A TREASURER FOR ANY CANDIDATE, AND MAY NOT SOLICIT OR RECEIVE CONTRIBUTIONS INTENDED FOR A POLITICAL PURPOSE.

Generally speaking, City Council staffers may NOT:

Engage in political activity on duty or in City Hall or other city buildings Use city resources, such as copiers, email, computers and telephones, to engage in political

activity Use authority or influence of their Council position to coerce someone to participate in political

activity Request a subordinate to participate in political activity Solicit of receive contributions intended for a political purpose, including authorizing a committee or

directing others to receive contributions on your behalf. Run for office or serve as an election officer

Generally speaking, City Council staffers may:

Participate in a political campaign while off duty and not in City Hall or other City property Use your title while participating in political activity off duty Be a ward leader or committee person Circulate nominating petitions

Before engaging in any political activity, please read Regulation No. 8 for a detailed explanation of the rules on political activity, and how those rules affect a Council staff member. Keep in mind that Council staff members are legally allowed to be involved in more political activities than a person working under the Mayor. You may also consult Council’s Chief Ethics Officer for more guidance.

Political Activity Regulation. Regulation No. 8 is found at the following web address:

http://www.phila.gov/ethicsboard/PDF/BOERegNo8_Political%20Activity_Effective3.28.11FOPNote(2).pdf

Part III. Gifts

Generally. The general rule is that a Council staff member may not accept any gifts from persons or entities in exchange for an official act which can affect the financial interest of the person or entity seeking the official action. Accepting tips and bribes for doing your work are prohibited and illegal.

Soliciting Gifts. A council staff member may not ask for, nor solicit, gifts from those persons or entities seeking official action or who has a financial interest that you can substantially affect through official action.

Cash. Council staff members may never accept gifts of cash, checks, or gift cards from a source seeking official action, or who has a financial interest that you can substantially affect through official action.

Exceptions to the Gift Rule: There are certain limited exceptions where non-cash gifts may be accepted by Council staff members as follows:

No more than $99 in non-cash gifts in a calendar year Certain receptions, meetings, office events, Political events, and ticket to political events, Work conferences and work related travel, and Perishable items donated, destroyed or shared with co-workers

Lobbyists. Be very cautious of gifts from Lobbyists. Lobbyists often are seeking your official action or have a financial interest that you can affect. Lobbyists are required by law to file reports on the cost of all gifts, hospitality, transportation or lodging given to public employees. You will be notified in writing by a lobbyist if the cost of gifts totals $200 or more and they intend to list the gifts in their expense report.

Reporting Unsolicited Gifts Sent to You. Gifts sent you in violation of the rules must be returned or paid for and reported. See Section 20-604(7)(a) and (b) for details on how to handle such gifts.

The gift law specific to Philadelphia is found in The Philadelphia Code, Section 20-604. Philadelphia’s gift law is more restrictive than state law.

Keep in mind that if you are required to file a Statement of Financial Interests, you must report most gifts you accepted on that statement.

If you have any questions on gifts, please seek guidance before accepting anything of value.

Part IV. Conflicts of Interest

State law prohibits and defines a conflict of interest as follows:

“No public official or public employee shall engage in conduct that constitutes a conflict of interest. A conflict of interest is defined as use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family, or a business with which he or a member of his immediate family is

associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation, or other group which includes the public official or public employee, a member of his immediate family, or a business with which he or a member of his immediate family is associated.”

The City has a similar rule that prohibits conflicts of interests. As a Council staff member you are prohibited from using your public office to benefit your personal financial interests, or the financial interests of a close relative or business with which you are associated.

Close Relatives. Under the Philadelphia rules, a close relative is defined as a parent, spouse, life partner, child, sibling or like in-law.

Businesses and Non-Profits. Under state law, the term “business with which he is associated” is defined as “Any business in which the person or a member of the person’s immediate family is a director, officer, owner, and employee or has a financial interest.” 65 Pa.C.S. § 1102. The state law has been interpreted by the Courts to include non-profits in the definition of business. Therefore, state law prohibits Council staff members from having a conflict of interest with a non-profit in which you are a director, officer, owner, or employee or if you have a financial interest in the non-profit.

Disclosure and Disqualification. If a conflict of interest should arise through no fault of the staffer, a Council staff member must disclose the conflict and disqualify him or herself from taking any official action on the matter. Disclosure and disqualification procedures are outlined at The Philadelphia Code, Section 20-608. Note that the procedure for Council members is different from staff members.

City Contracts. Additionally, the City Charter prohibits City employees from having a financial interest in City contracts, regardless of whether or not your work duties are involved.

Seek guidance if you think you may have a conflict of interest.

V. Post-Employment Restrictions

The state law prohibits a former “public employee” from representing anyone for pay before their former governmental employer for one-year after resignation. Certain high-level public employees have a two-year restriction. This rule only applies to “public employees’ who are defined under state regulations as:

“”[A]n individual who is employed by the Commonwealth or a political subdivision and who is responsible for taking or recommending official action of a nonministerial nature with regard to one or more of the following:

(A) Contracting or procurement.

(B) Administering or monitoring grants or subsidies.

(C) Planning or zoning.

(D) Inspecting, licensing, regulating or auditing a person.

(E) Other activities in which the official action has greater than a de minimis economic impact

The State Ethics Commission has opined that all attorneys fit within the definition of a “public employee.” If you are required to file a Statement of Financial Interests then you are a public employee.

The City Charter also has some post-employment restrictions dealing mainly with matters in which you participated as part of your public job duties.