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September 22, 2004
TO THE PRESIDENT AND MEMBERS OF THE
COUNCIL OF THE CITY OF PHILADELPHIA:
I am transmitting with this correspondence, for the introduction and consideration of your Honorable Body, a proposed Ordinance that repeals Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," and enacts a new Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics."”
This legislation reflects extraordinary work of the 21st Century Review Forum Ethics Task Force, chaired by Judge Ida Chen. It also builds upon the work and input of the Ethics Board established by Executive Order. I am indebted to them for their superior work on these very difficult issues.
This bill would create a new Code of Ethics for all City employees. It would strengthen and clarify our existing ethics laws, by closing certain loopholes, adding new provisions, and incorporating certain State law provisions so that employees can look to one governing, “Omnibus Code of Ethics” to find all applicable ethics rules governing their conduct. As proposed, it applies to all City employees – including the Executive Branch, City Council, elective city row offices, appointed boards and commissions and employees of all non-State created City agencies.
No less important, the proposed Code is intended to cover not only all city employees of all city agencies, but also individuals and businesses who do business with the city, or seek business from it. Everyone should know what the rules are, and everyone should be covered by the same set of rules.
I believe the overwhelming majority of city employees are honest, hard-working, and dedicated public servants. I also believe we must address the fact that there is always a small number of employees who either do not understand the city’s ethics rules, or deliberately try to take advantage of their position. This proposed Code of Ethics makes clear what the city’s ethics rules are -– for everyone.
The proposed Code of Ethics that I am transmitting for your consideration today is complemented by a second proposed piece of legislation: a Resolution and Ordinance that would amend our Home Rule Charter to empanel the city’s Board of Ethics in the Charter, create new enforcement powers and education responsibilities vested in the Board, and go a long way towards creating an ethics process in city government that is second to none in this country.
The proposed Code of Ethics will:
Ban the acceptance of gifts or meals. The Code strengthens the prohibition against acceptance of gifts or meals from individuals doing or seeking to do business with the city. With few exceptions, employees cannot receive gifts or meals from anyone doing business or seeking to do business with the city – and vendors or individuals seeking business cannot offer them. This proposed reform follows Executive Order 002-04, which I signed into law last month.
Ban honoraria. This legislation prohibits, with one exception, the acceptance of honoraria by city employees for speaking or appearing at any event. This proposal follows the same ban on honoraria in the Pennsylvania State Ethics Act. An exception, already recognized by State law, would allow employees to speak where the professional expertise that the employee brings in the speech is not solely based on his or her city employment. This will generally, allow, for example, our employees to teach at educational institutions, where the employees have an expertise separate from that gained through their employment with the City. I believe it is important to encourage the professional development of our employees, as well as the education of our young people.
Post-employment Representation. The Code adds a prohibition on former city employees doing any business with any city agency for one year after leaving city government service – a significant reform that tracks the State Ethics Act.
Outside employment. This new provision would bar any city employee from outside employment with any other person or business doing work or seeking to do work with the city. This outside employment ban would provide an exception for paid teaching jobs.
Nepotism. City employees and officials will be prohibited from hiring or advocating for the hiring of relatives – a category which is broadly and carefully defined in the Code. This ban on nepotism also extends to an employee’s using his or her official position in any way to secure any form of special consideration or treatment for a member of their immediate family.
Political activity. The Code incorporates language from our Home Rule Charter, which bans political activity by most city employees. One of the central aims of this Omnibus Code is to bring together all city ethics rules and codify them in one place, so that employees know what – and where – the rules are.
There are other reforms in this proposed Ethics Code, and I am confident that City Council will review and consider them, and make the legislative decisions that it deems appropriate and in the best interest of the city.
I am equally certain that the public must have faith in the integrity of its government. I am confident that the introduction and adoption of this Code of Ethics, together with its companion ethics legislation, will reinforce that faith. As Mayor, my job starts with the appointment of honest and talented officials. It continues with ensuring our rules of conduct are clear, understandable, and enforced. The introduction of this legislation is another step in this city’s ongoing process of strengthening the public’s faith and confidence in their government.
I recommend your favorable consideration of this proposed Ordinance.
Respectfully submitted,
JOHN F. STREET
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